The Court of Justice of the European Union (CJEU) has mandated Hungary to pay a €200 million lump sum plus daily penalties of €1 million for failing to comply with a previous asylum and migration judgment. The decision highlights ongoing issues from a 2020 judgment in the case of Commission v. Hungary, where the country was found to have breached its obligations concerning international protection and the removal of third-country nationals.
The 2020 ruling determined that Hungary had restricted asylum applications to transit zones at Röszke and Tompa, detained applicants without observing EU Directive guarantees, and removed third-country nationals illegally without adhering to procedures set out in Directive 2008/115. Despite the ruling, Hungary has not made the necessary changes to align with the court’s mandate. Full details of the 2020 judgment can be referenced here.
According to the recent decision, Hungary’s non-compliance persists on several fronts: the country still requires asylum seekers to apply within closed transit zones, continues the unlawful removal of third-country nationals, and has not clarified the rights of applicants to remain in Hungarian territory during the appeals process. The judgment explicitly states that Hungary’s actions have effectively offloaded its responsibilities onto other EU member states, contravening principles of solidarity and responsibility-sharing. The court’s findings can be reviewed in detail here.
Hungary’s persistent non-compliance stresses the significance of upholding EU law and maintaining cooperative obligations amongst member states. The financial penalties underscore the court’s commitment to ensuring adherence to EU asylum and migration regulations.
For further information, the full article by JURIST covering the court order is available here.