On Monday, Hungary’s constitutional court announced that it will review the petition filed by Budapest’s justice minister that challenges a controversial ruling of the Court of Justice of the European Union (CJEU).
The CJEU determined in December 2017 that Hungary had broken the EU’s law on the protection of refugees when the country deported them at the Serbian border. In response, in February, Hungarian Minister of Justice Judit Varga submitted a petition saying that the implementation of CJEU’s ruling and the EU’s refugee laws would result in numerous migrants staying permanently in Hungary. Varga asserted, “This would affect Hungary’s sovereignty set out in the Constitution.”
Keeping this in mind, the minister asked Hungary’s top court to conduct ar review of whether or not the implementation of CJEU’s ruling is compatible with the nation’s constitution. The review is on the court’s schedule today.
Meanwhile, on Friday, the European Commission said it is seeking a fine on Hungary for its failure to comply with the CJEU’s ruling on asylum rules. A press release on the issue read: “The European Commission has decided today to refer Hungary to the Court of Justice of the European Union, requesting that the Court order the payment of financial penalties for Hungary’s failure to comply with a Court ruling in relation to EU rules on asylum and return.”
The Commission claims that Hungary has failed to undertake necessary measures to ensure that asylum seekers have access to asylum procedures. Furthermore, it stated that the country has been failed to communicate the rights of asylum seekers to remain in the country while appealing a decision.
The case dates back to 2015 and 2017, when Hungary adopted the EU’s rules on the right to asylum and return of non-EU citizens without official permission to remain in the EU. This led to the creation of transit zones at the Serbia-Hungary’s border. However, since then, Hungarian authorities have failed to comply with certain provisions of EU rules, citing the need to maintain and protect public order and internal security.
The review of CJEU’s ruling to check the compatibility of the EU’s law and Hungarian constitution comes at a time when the EU and Hungary are already engaged in a rift over the rule of law and democratic values in the country. Moreover, the EU has previously criticised Hungary for questioning the supremacy of the EU laws and enacting a law that discriminates against the LGBTQ+ communities.
The CJEU has already shown its resolve in such cases by imposing a €1 million a day fine on Poland over judicial reforms that jeopardise the independence of Polish courts. Poland’s ruling party has accused the European Commission of overstepping and interfering in the domestic affairs of Poland. In this respect, Hungarian Prime Minister Viktor Orbán has extended support to Poland by calling out the Commission and accusing it of “taking away competencies from member states.”
Hungary to Review CJEU Court Ruling That Accused it of Breaking EU Law
Hungary’s Minister Judit Varga filed a petition in the country’s top court to review the compatibility of the European Union’s laws on asylum and return with the Hungarian constitution.
November 16, 2021
IMAGE SOURCE: EURONEWS