Hungary lays counterclaim to ECJ in EU's infringement procedure on migrant quotas

  • Mihai Turcanu
  • 26.3.2018 09:45

On 23 March, the Hungarian government has submitted a counterclaim to the European Commission (EC) infringement procedure initiated against Poland, Czech Republic and Hungary on 14 June 2017, for refusing to implement the 22 September 2015 Justice and Home Affairs Council (JHAC) decision to distribute the asylum procedure for 120,000 migrants from Greece and Italy to the rest of EU countries.

On 4 September 2015, Hungary, Poland, the Czech Republic and Slovakia, have rejected the measure as contravening the Dublin III regulation under which refugees must seek asylum in the first member state they enter, expressing their opposition to "any proposal leading to the introduction of quotas for solidarity measures". Romania also voted against the relocation. On 26 July 2017, the ECJ upheld the right of member states stipulated under Dublin regulation to deport asylum-seekers to the first EU country they enter. On 6 September 2017, however, the ECJ dismissed the legal challenge laid by Hungary and Slovakia against the JHAC's 2015 decision, which allowed for qualified majority voting according to Lisbon Treaty, instead of an unanimous voting. The migration debate is evolving in V4's favour as the group has since then found new allies in Austrian Chancellor Kurz, EU Council President Tusk, or German Interior Minister - Horst Seehofer.

About author: Mihai Turcanu

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