(ANSA) - BRUSSELS, DECEMBER 11 - The European Commission has today addressed a letter of formal notice to Hungary, opening an infringement procedure concerning the recently adopted Hungarian asylum legislation. The EU Commission has found the Hungarian legislation in some instances to be incompatible with EU law.

Firstly, Brussels is concerned that there is no possibility to refer to new facts and circumstances in the context of appeals and that Hungary is not automatically suspending decisions in case of appeals - effectively forcing applicants to leave their territory before the time limit for lodging an appeal expires, or before an appeal has been heard.

Secondly, regarding rights to translation and interpretation, the EU Commission is concerned the Hungarian law on fast-tracked criminal proceedings for irregular border crossings does not respect provisions of the Directive on the right to interpretation and translation in criminal proceedings, which ensures that every suspect or accused person who does not understand the language of the proceedings is provided with a written translation of all essential documents, including any judgment.

Thirdly, there are concerns as to the fact that under the new Hungarian law dealing with the judicial review of decisions rejecting an asylum application a personal hearing of the applicants is optional. The Hungarian authorities now have two months to respond to the arguments put forward by the Commission.

If the observations presented by Hungary in reply to that notice cannot be considered satisfactory, the Commission may decide to send a 'reasoned opinion' to Hungary and may then refer the case to the Court of Justice of the EU. (ANSA)