CJEU: Hungary breached EU law by the automatic release and expulsion of human traffickers

The Court of Justice of the European Union (CJEU) ruled on Thursday that Hungary violated EU law by automatically converting prison sentences for human traffickers into “special reintegration detention.” The measure allowed convicted offenders to be released and expelled without actually serving their sentences.

The Luxembourg-based court upheld the European Commission’s action and found that Hungary’s legislation did not ensure effective, proportionate and dissuasive penalties. According to the CJEU, simple expulsion and a temporary re-entry ban cannot replace a prison sentence, particularly in the case of serious offences.

The measure was introduced through a government decree adopted in Budapest in 2023. Convicted offenders were required to leave Hungary within 72 hours of their release and were barred from returning to the country for the duration of their sentence. The regulation was repealed on 19 August 2025, but by then 2,525 convicted people had benefited from release.

The CJEU also criticised the automatic nature of the measure, as no individual assessment of the facts or of the convicted person was carried out. The European Commission argued that the system encouraged impunity and undermined the Union’s policies on migration and border control. Under EU legislation, prison sentences of at least eight years are prescribed for certain offences.