The Withdrawal Agreement provides for a transition period from its entry into force until 31 December 2020. During the transition period, EU law is applicable to, and in the UK subject to, the terms and conditions specified in the Withdrawal Agreement. Consequently, the relevant EU rules regarding legal aid and victim support will be applicable during the transition period.
Pursuant to Article 69 of the Withdrawal Agreement, Council Directive 2004/80/EC applies to applications for state compensation received before the end of the transition period. Accordingly, any UK national having his/her domicile or lawful habitual residence in a Member State of the European Union (hereinafter: the EU) may be eligible for state compensation. Any UK national who becomes a victim of a violent intentional crime committed against the person in another EU Member State may be entitled to state compensation in the country where the crime was committed, or he/she may be entitled to make use of the related Hungarian support procedure if he/she has a habitual residence in Hungary.
Article 69 of the Withdrawal Agreement also requires the application of the provisions of Council Directive 2003/8/EC until the end of the transition period. Accordingly, nationals of the United Kingdom will also be entitled to legal assistance ensuring improved access to justice in cross-border disputes by establishing minimum common rules relating to legal aid in such disputes.
If the EU and the UK conclude an agreement during the transition period that settles the issues of legal aid and victim support, the rules of this agreement will come into force after the end of the transition period. Otherwise, the following rules will be applicable.
Legalaid
In the territory of Hungary, a national of the United Kingdom is entitled to the benefits provided by Act LXXX of 2003 on legal aid as third-country national in accordance with the relevant provisions [Section 4 (1) b), e), f,) g) of the said Act] if:
- the party is requesting legal aid in connection with obtaining a visa, obtaining a residence permit or permanent resident status, or in a naturalisation case, and his/her ascendant is or was a Hungarian citizen and, furthermore, if the party is engaged in repatriation or an asylum procedure;
- the party falls under the scope of the Act II of 2007 on the entry and residence of third-country nationals and is domiciled or has a lawful habitual residence in the territory of Hungary, in any Member State of the European Union, or in any State that is a party to the Agreement on the European Economic Area, furthermore, in any other country whose citizens enjoy the same status as nationals of States who are parties to the Agreement on the European Economic Area by virtue of an agreement between the European Community and its Member States and the country concerned that is not a party to the Agreement on the European Economic Area;
- the party falls under the scope of the Act II of 2007 on the entry and residence of third-country nationals and is not domiciled or has no lawful habitual residence in the territory of Hungary, if the aliens policing authority has taken a return decision against him/her pursuant to section 42 (1) or 43 (2) of Act II of 2007 on the entry and residence of third-country nationals
- the party has been granted residence permit on humanitarian grounds.
Victim support
Pursuant to Act CXXXV of 2005 on Victim Support and State Compensation, any national of the United Kingdom is considered to be victim of criminal offences or infractions against property committed in the territory of Hungary if [Section 1 (1) c) and e) of the said Act]:
- they are legal residents in the European Union (hereinafter: the EU), or
- they are identified as victims of human trafficking.
After the transition period UK nationals who become victims of crime while staying abroad legally are not eligible for victim support services, regardless of the fact that they are habitually resident in Hungary.
Any national of the UK is entitled to claim state compensation if he is a legal resident in the EU, has his domicile or habitual residence in a Member State of the EU, or has a residence or immigration permit in Hungary.
EU nationals who become victims of a violent intentional crime in the UK are not entitled to state compensation in the UK or the related support procedure in Hungary, even if he/she has his/her habitual residence in Hungary.