The European Commission has referred Hungary to the European Court of Justice over its controversial policy of releasing convicted human smugglers from prison before they complete their sentence, citing violations of EU criminal law obligations.
The referral follows a two-year infringement procedure. Despite repeated warnings from Brussels, including a formal notice in July 2023 and a reasoned opinion in October, Hungarian authorities failed to address the Commission’s concerns.
Brussels argues that a 2023 emergency decree issued by Viktor Orban’s government, reclassifying custodial sentences for human smuggling offences as "reintegration custody" served outside Hungary, undermines the EU’s common legal framework on migrant smuggling. The regulation allowed over 2,200 convicted individuals to walk free between April 2023 and August 2024, on the condition they leave Hungary within 72 hours.
The Hungarian government argued that the decree was motivated by "pragmatic considerations" to ease the chronic overcrowding of prisons due to the high number of human smugglers detained in recent years. According to official figures, foreign nationals convicted of human trafficking-related offences represented a disproportionate burden on the penitentiary system, both logistically and financially.
The Commission contends that Hungary failed to impose "effective, proportionate and dissuasive" criminal sanctions, as required under EU rules. It also criticised the lack of oversight on whether sentences would be enforced in the individuals’ countries of origin or prior residence, calling the legal guarantees insufficient.
The move to release human smugglers has come as a surprise, as Orban has positioned himself as one of the EU’s hardest-line anti-migration leaders and has used it to exploit the negative impacts of illegal migration politically.
Austrian authorities have also voiced concern, summoning Hungary's ambassador in 2023 for an explanation, after several released individuals reportedly resurfaced elsewhere in the Schengen area.