The European Commission referred Hungary to the EU Court of Justice on Thursday due to continued legislation that criminalizes asylum application support and restricts asylum requests.

The referral follows a 2018 formal notice concerning the same legislation. The law was introduced by Prime Minister Viktor Orban, who has gained traction using an anti-immigration platform. Per the legislation, anyone who assists a person without legal status can be penalized with a jail sentence. Consequently, this law prevents asylum seekers from communicating with national, international and non-governmental organization representatives, and the Commission has argued that this law violates EU regulations governing asylum applicants.

The Commission has also criticized Hungary’s unlawful limitation to the right of asylum. Currently, refugees who enter Hungary via countries that do not persecute asylum seekers are unable to qualify for asylum. This law essentially uses Hungary’s neighboring countries as buffer states to reduce legitimate asylum requests.

Because Hungary has not properly addressed many of the concerns brought forward by the Commission—and due to the fact that Hungary has continued to enforce laws that appear contrary to EU law—the Court of Justice will now evaluate Hungary’s legislation to determine whether it is compatible with EU Asylum Procedures and the Charter of Fundamental Rights of the EU.

The European Commission has also begun to add new complaints related to the withholding of refugee support, including the lack of food provision to asylum seekers traveling in transit zones.