Why Is Hungary Inundating Europe with Freed People Smugglers?

(L-R) Italian PM Giorgia Meloni, Hungarian PM Viktor Orban, UN Secretary-General Antonio Guterres and EU Commission President Ursula von der Leyen talk during an EU Summit in Brussels, Belgium, 23 March 2023. EPA-EFE/OLIVIER HOSLET Please, reintegrate somewhere else!

The measure caused an outcry in Hungary because the release of these people smugglers is technically based on the misuse of an existing piece of legislation, the so-called "reintegration custody".

This measure is an opportunity for less serious offenders to start reintegrating into society before they are finally released from jail. They are subject to restrictions, though: they can move to an apartment or house, start working or studying, but are strictly monitored with a tracker and can only leave their designated home for the purpose of work, studying, daily needs or healthcare. Furthermore, there are strict conditions on who is eligible for this: violent criminals and those serving more than five years are excluded.

Contrary to the general rules, people smugglers can now request reintegration custody absent any of the aforementioned limits. Practically, the only condition is that beyond the imprisonment they were also sentenced to expulsion. Expulsion is normally executed after serving the sentence, and can only be applied to criminals of foreign nationality. This means none of the released people smugglers is a Hungarian citizen and all must leave the country within 72 hours after being released.

This obviously turns the logic of reintegration custody on its head. The aim is clearly not these criminals' reintegration, but that they clear off out of Hungary and reintegrate (or do whatever) somewhere else. Officially, there is a provision in the decree requiring the...