The Constitutional Court refused to examine a judgment of the ECJ that was unpleasant for the government.
Budapest. On the question of the primacy of national or EU law in migration policy, the Hungarian constitutional court has refused to review a judgment of the European Court of Justice (ECJ). The decision means defeat for Hungary’s Prime Minister Viktor Orbán. Following the Polish model, his government had tried to use the constitutional court as a means to undo a judgment of the ECJ.
Orbán had expressed the hope of a positive verdict on the Hungarian state radio on Friday. Because in addition to the physical border fence, a “legal border fence” could also be built against migrants. In its ruling, the ECJ found that Hungary had failed to meet its obligations regarding the granting of international protection and the return of third-country nationals who do not have the right to stay in the EU.
A fine is payable
The Hungarian Helsinki Committee commented on the decision of the Constitutional Court that the government’s “attempt at sabotage” had failed and that the EU decision had to be enforced. The situation is clear: the decision must be enforced and the inhumanity towards asylum seekers ended with it.
Justice Minister Judit Varga called the Constitutional Court on behalf of the government in February and stated that the enforcement of the ECJ ruling would raise a constitutional problem. It also said that Hungary would not comply with the ECJ ruling on the right of asylum until the decision of the Constitutional Court. After Budapest ignored the ECJ ruling, the EU Commission nevertheless started fine proceedings. (APA)
(“Die Presse”, print edition, December 11th, 2021)