caused by mass immigration”. However, a
“crisis situation” had been continuously
invoked since September 2015 and was
extended in August until March 2018,
despite the lack of a factual or legal basis for
its prolongation.
Hungary further enhanced its border fences
and police presence at its southern borders.
More than 20,000 people were summarily
and sometimes violently returned to Serbia or
otherwise prevented from entering Hungary
without access to fair and efficient asylum
processes and an examination of their
protection needs. In March, the newspaper
Magyar Nemzet revealed that, contrary to the
government’s statements refuting allegations
of abuse, more than 40 investigations had
been launched into instances of excessive
use of force by police at the border over a
period of 18 months; most of the
investigations were closed without further
action.
In September, Hungary lost a case at the
Court of Justice of the European Union,
which ruled that it could not absolve itself of
participation in the EU Emergency Relocation
Scheme for the relocation of asylum-seekers
from Greece and Italy to other EU member
states. Hungary continued to refuse to
relocate any of its minimum quota of 1,294
asylum-seekers, or to participate in other
regional solidarity mechanisms. By the end of
the year, it had not resettled or relocated
anyone.
FREEDOM OF ASSOCIATION
In April, the adoption in an emergency
procedure of amendments to the National
Higher Education Law prompted widespread
protests and criticism from academic experts
and the general public. The law, widely
interpreted as targeting the operations of a
particular educational institution, the Central
European University (CEU), introduced new
requirements for foreign universities
operating in Hungary under an extremely
tight deadline – including the requirement of
a bilateral state-level agreement – putting at
risk the continued functioning of those
institutions. The same month, the European
188
Commission took legal action against
Hungary by launching infringement
proceedings. In the Commission’s
assessment, the law was not compatible with
fundamental EU freedoms, including the
freedom to provide services, the freedom of
establishment, and academic freedom. In
October, the National Assembly voted to
extend the deadlines by which the new
requirements had to be met by one calendar
year. By the end of the year the government
had failed to strike an agreement with the
State of New York that would allow for the
continued operations of the CEU.
In June, the National Assembly passed a
law effectively stigmatizing NGOs that
received foreign funding. Under the law on
the transparency of organizations funded
from abroad, NGOs receiving more than
EUR24,000 direct or indirect funding from
abroad had to re-register as a “civic
organization funded from abroad” and to put
this label on every publication. Additionally,
the law required NGOs to reveal the identity
of their funders and supporters above a
threshold of around EUR1,650. The law was
adopted amid a government-sponsored
communication campaign discrediting NGOs
and accusing several of undermining national
sovereignty and security. By only covering
certain types of civil society organizations, the
law directly discriminated against these
organizations and imposed limitations on
their right to association, including the right
to seek, receive and utilize resources. In midJuly, the European Commission notified
Hungary of another infringement procedure,
based on an assessment that this law
imposed measures at odds with the right to
freedom of association and unjustified and
disproportionate restrictions on the free
movement of capital, and raised concerns in
relation to the obligation of protecting private
life and personal data.
In August, a coalition of more than 20 NGOs
submitted a complaint to the Constitutional
Court requesting that the law be annulled.
Amnesty International Report 2017/18
Select target paragraph3
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