In Face of Brussels's Ultimatum, Government Has Means at Disposal

"Brussels issued an ultimatum to conservative forces in the European Union," Bernadett Petri told Magyar Nemzet regarding the fine imposed on Hungary by the European Court of Justice. The researcher at the Europe Strategy Research Institute (EUSTRAT) at the National University of Public Service (NKE), explained next-step options open to Hungary.

The EU has refused to even partially reimburse Hungary for the vast expenses of border protection (Photo: Arpad Kurucz)

"This is clearly a political attack. Had the European Court of Justice pronounced this earlier, it would have impacted domestic election outcomes, presumably in favor of the governing parties. Secondly, Brussels is now interested in forcing the Hungarian government into a bargaining position that is favorable to Brussels. But the Hungarian government will not let this happen," the EUSTRAT researcher, told Magyar Nemzet.

The European Court of Justice ordered Hungary to pay two hundred million euros (around eighty billion forints) for "failing to comply" with EU law, including in the area of procedures for granting international protection and returning nationals of non-EU countries illegally staying in the EU. 

The punishment was based on a previous case brought against Hungary: the government, under pressure from the European Union, dismantled the tranzit zone in 2020.

Before the closure, the border transit zone was not entirely sealed, allowing migrants freedom to leave into Serbia. The Strasbourg Court (ECtHR), applying the European Convention on Human Rights, ruled that the one-way transit zone does not constitute detention. The European Court of Justice (ECJ), on the other hand, countered the ruling, stating that it does constitute detention, which is contrary to EU rules and therefore unlawful.

Conservatives have gained strength: What does this have to do with the ruling?

The researcher remarked that the political composition of the European Parliament (EP) is changing, with a stronger presence of conservative parties, making it much more difficult for the European People's Party (EPP) and its left-wing allies to get their way in the Parliament.

"Conservative forces need to be persuaded to support certain ideas," she said. The researcher believes that

with this decision, Brussels wants to send a message to the countries and political forces opposing migration: this is what happens to those who do not follow the EU's immigration policy.

Yet the people of Europe have most recently voted for common sense rationality and not for the EU's misguided migration stance of the past ten years.

"This is an ultimatum issued by Brussels," she added, noting that Hungary will also be hold the rotating presidency of the Council of the European Union in the upcoming period.

What are the Hungarian government's options?

Bernadett Petri said, there exists no regular appeal procedure in the case. If Brussels starts to pursue the case, the Hungarian government will be able to reference certain performance parameters that would allow mitigation of the amount of the fine.

The HUF 700-800 billion (over EUR 1.7-2 billion) spent on common border protection could be one such parameter that could be deducted from the fine amount,

she replied, adding that Hungary could also take legal action to cover this cost, because in our understanding, the recognition of our performance in the area of border protection would be solidarity. Another option is EU funds, part of which we have not received to date, and against which the fine can be offset.

The expert explained that there have already been cases where such fines have been offset: Poland, for example, was fined in 2021 for the judicial situation. 

Warsaw later invoked a number of previous judicial measures taken in order to reduce the sentence. According to the expert, the EU has anticipated the payment of EU funds or border protection costs and wants to leverage them over Hungary in the next period of negotiations, be it for top leadership positions or other strategic decisions. "The Hungarian government will not cave to Brussels in this, because the trust of the Hungarian people is the mandate for this, and we have several legal options to choose the solution that suits us, even without a deal," the expert said.

The penalty is a hundredfold

"The situation has still not improved, and the pressure on police officers serving at the border is enormous, the PM's chief homeland security advisor at a joint press conference with State Secretary Barna Pal Zsigmond Barna. According to news portal PestiSracok, Gyorgy Bakondi said that the situation is further exacerbated by the EU-adopted migration pact, which Hungary did not sign, but which with its existence encourages human smuggling networks.
He said the pact facilitates the movement of not only illegal immigrants, but also the organizations that want to bring them into the EU.

Among other things, it does not provide for the detention of apprehended migrants, but rather for facilitating the admission process, the security advisor stressed. On the issue of preventing immigration, the general also underlined Brussels's blatant double standards,saying it is striking that in the case of the Baltic States and Poland, these countries were supported in construction of a fence and the protection of the border, while our country is not only condemned but also fined at an unprecedented level.

Gyorgy Bakondi also commented on the two hundred million euro fine imposed by the European Court of Justice on Hungary for not allowing illegal immigrants to enter the country, saying

The last time a judge considered the sentence proposed by the prosecutor to be too low was in the 1950s [under communism] in Hungary.

On the punishment, Barna Pal Zsigmond said that it was clearly a political attack. He said that we cannot ignore that, in theory, the GDP of member states should be taken into account when imposing similar fines.

"Even wealthier member states have never been subjected to a fine of such magnitude. In the case of countries with economies like Hungary's, the maximum fine would be between one and five million euros, not a hundred times that amount," he said.

Cover image: The EU has refused to even partially reimburse Hungary for the vast expenses of border protection (Photo: Arpad Kurucz)