EU Court of Justice Decision Unfounded, Constitutional Lawyer Says

The EU Court of Justice has ordered Hungary to pay a fine of 200 million euros for breaching EU immigration policy. The ruling shows that the EU power elite is unable to accept the Hungarian government's and the Hungarian people's strong and clear rejection of migration, constitutional lawyer Zoltan Lomnici Jr points out.

Illegal migrants sit on the roadside near the German-Polish border in Forst (Lausitz) after being apprehended by federal police officers (Photo: MTI)

A policeman stands guard at the transit zone of the Tompa border station (Photo: AFP/ATTILA KISBENEDEK)

It is strictly and only within the confines of this framework that European Union law can establish a generally binding code of conduct.

What can Hungary do about this decision? 

The European Commission (EC) or another member state can start infringement proceedings against a member state that is not respecting its obligations under EU law. If the Court of Justice of the European Union establishes that a member state has failed to fulfill its obligations, that state must comply with the judgment as soon as possible," Zoltan Lomnici Jr said.

The constitutional lawyer noted that the most blatant procedural irregularities can be observed in the discretionary power of the court. It is essential that, in the exercise of its discretion, the court must in all cases determine the penal payment in such a way that it is appropriate to the circumstances and proportionate to the infringement established and to the member state's ability to pay.

"Seventy times the amount requested by the European Commission cannot under any circumstances be considered to comply this requirement," he stressed.

The judgment that has now been handed down is, therefore, in many respects unfounded or inadmissible, and raises questions of overstepping its powers and even arbitrariness.

There are plenty of examples of similar cases in recent times. It is worth mentioning the decision of the German Federal Constitutional Court of May 5, 2020, in which the constitutional court declared an earlier decision of the Court of Justice of the European Union to be ultra vires, i.e. arbitrary and exceeding its powers, and declared it not binding in Germany.

Cover photo: Illegal migrants sit on the roadside near the German-Polish border in Forst (Lausitz) after being apprehended by federal police officers (Photo: MTI)