violates asylum law and charters buses to Brussels with immigrants

First there was the self-proclaimed ‘peace mission’, in which Orbán made a surprise appearance in Moscow and Beijing to meet with Vladimir Putin and Xi Jinping. A tour in which the Hungarian also visited Donald Trump at her Mar-a-Lago residence and where she defended positions contrary to the official EU line regarding the war in Ukraine. In retaliation, the President of the Commission, Ursula von der Leyendecided to boycott the presidential meetings in Budapest, while Borrell moved a meeting of foreign ministers that was to have been held in the Hungarian capital at the end of August to Brussels.

Far from being daunted, the Hungarian prime minister has this week stepped up his fight against Brussels over one of the hottest issues on the EU agenda: the migration crisis.

Hungary is refusing to pay the fine imposed by the Court of Justice of Luxembourg (CJEU) for breaching asylum rules and is threatening to mobilise a fleet of buses to send illegal migrants to Brussels. A provocation staged by a member of the second echelon of the Government, State Secretary Bence Rétvári, who last weekend gave a press conference with the migrant buses as a backdrop.

The origin of The penultimate dispute between Brussels and Budapest is in the 200 million euro fine The ECJ imposed a fine on Hungary last June for failing to comply with European asylum law. The Orbán government is irregularly limiting access to asylum procedures and expelling migrants without respecting the guarantees required in return procedures, according to the ruling. The fine continues to increase at a rate of one million euros per day until the situation is corrected. “It is outrageous and unacceptable”the Prime Minister complained.

Since then, Budapest has not only failed to take any steps to align its national legislation with EU law, but is also refusing to pay the fine. The first deadline for paying the €200 million has already passed and the EU executive has sent a second payment notice, with a new deadline of 17 September. If Hungary fails to comply again, Brussels will deduct the amounts owed from the structural funds allocated to the country.

The Orbán government’s retaliation has been precisely to announce the dispatch to Brussels of buses loaded with migrants, with a one-way ticket but no return. “If the EU forces Hungary to admit illegal immigrants, Hungary will offer them free transport to Brussels”said his state secretary. The official criticised the EU for attacking Hungary instead of compensating it for its border protection efforts. According to his data, the Hungarian border police have prevented up to one million attempts at irregular entry since 2015.

“Migration is a factor of disintegration. You in Italy and other countries that decided to allow the entry of many migrants have a problem. You have difficulties in managing how to live with them. It is a serious problem. But there are other countries that never took that path. We never let them in, so we have no migrants, zero,” Orbán himself said last weekend during his speech at the Ambrosetti forum.

The Hungarian prime minister is calling for an opt-out for countries that do not want to follow the EU’s common migration policy. “If Italy or other countries want to live with migrants, they should be able to do so. But in Hungary we consider it too risky because of concerns about terrorism, public safety and social burdens,” he argues.

As expected, Hungary’s display of migrant buses has sparked a heated debate in Belgium, which is already facing significant problems with immigration pressure.Is a provocation that contradicts European obligations“Migration policy is a common challenge that must be addressed in an orderly and supportive manner by all Member States,” said its Foreign Minister, Hadja Lahbibwho is also a candidate for commissioner in Ursula von der Leyen’s new team. Several pools have awarded him the Interior and Migration portfolio.

The EU executive itself also condemned Hungary’s announcement on Tuesday. “As for the announcement by the Hungarian authorities that they will transport illegal immigrants from the Hungarian border with Serbia to Brussels, this is unacceptable. This measure, if carried out, would be a clear violation of EU law, but also of the principle of sincere and loyal cooperation and mutual trust. In addition, it would undermine the security of the Schengen area as a whole,” said the spokeswoman for the Interior Ministry, Anitta Hipper.

“The Commission is therefore in contact with the Hungarian authorities to ensure that this action does not take place and that Hungary refrains from doing so. We are also in contact with neighbouring countries and with the specialised Justice and Home Affairs agencies (Eurojust and Europol). We are prepared to use all our powers to ensure that EU law is respected.“, the spokesperson said.

The German case

However, the EU executive has opened up another front parallel to Hungary with the announcement by Germany that it will re-establish border controls with all its neighbouring countries in order to stop the arrival of illegal migrants. The traffic light coalition government (socialists, greens and liberals) notified Brussels on Tuesday of the new controls, which affect the land borders with France, Luxembourg, Holland, Belgium, Denmark and Austria, and which will initially last six months.

Germany’s announcement has raised concerns in some neighbouring countries, such as Austria and Luxembourg, which have announced that they will strengthen their own controls. The Commission recognises that in this case has no powers to limit the reintroduction of border controls.

“Under the Schengen Borders Code, Member States may reintroduce internal border controls in order to address a serious threat to public policy or internal security, where necessary and proportionate,” the spokeswoman said.