The CJEU imposes a fine of 200 million on Hungary for failing to comply with European asylum law

He Court of Justice of the European Union (CJEU) this Thursday imposed a fine of 200 million euros on Hungary for violating European asylum legislation. The penalty will continue to increase at a rate of one million euros per day until the Government of Viktor Orbán apply the rulings of European justice.

“This non-compliance, which consists of deliberately avoiding the application of a common policy of the Union as a whole, constitutes an unprecedented and exceptionally serious violation of Union law,” says the ruling.

In December 2020, the CJEU had already condemned Hungary for limiting access to the asylum procedure, irregularly interning refugees in transit zones and the expulsion of migrants without respecting the guarantees that accompany return procedures.

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All these irregularities were committed by the Government of Viktor Orbán during the 2015 refugee crisis. At that time, Hungary passed a law creating transit zones, located on the Serbian-Hungarian border, within which asylum procedures apply. The law also introduced the concept of “crisis situation”, which allows exceptional rules to be applied as if they were general.

Considering that Hungary had not yet complied with the 2020 ruling (except with regard to transit zones, which Hungary had already closed), The European Commission filed a new appeal for non-compliance through which he requested the imposition of economic sanctions.

In his ruling this Thursday, The Court of Justice declares that Hungary has not taken the necessary measures for the execution of the 2020 ruling regarding access to the asylum procedure, the right of applicants to remain in Hungary pending a final resolution and the expulsion of third-country nationals in an irregular situation.

“By proceeding in this way, said Member State, violating the principle of loyal cooperation, deliberately avoids applying the common policy of the Union regarding international protection as a whole, as well as the rules on the expulsion of third-country nationals in an irregular situation,” says the ruling.

“This behavior constitutes a major threat to the unity of Union law which affects in an extraordinarily serious way both private interests, in particular those of asylum seekers, and the public interest,” the CJEU insists.

In particular, Hungary’s non-compliance seriously undermines the principle of solidarity and equitable distribution of responsibility between Member States. This is because it has the consequence of transferring to other Member States the responsibility, including in the financial aspect, of ensuring, in accordance with Union law, the reception of applicants for international protection, the processing of their applications and the return of third country nationals in an irregular situation.