Hungary can apply its own laws in jurisdictional grey areas where “incomplete effectiveness” of EU rules exists, the country’s top court has decided – adding a wrinkle to Budapest’s tussle with Brussels over illegal immigration.
On Friday, the Hungarian Constitutional Court delivered its verdict on a legal motion brought by Prime Minister Viktor Orban’s government earlier this year. The motion challenged an EU court ruling made last year that found Hungary’s policies towards illegal refugees had violated the bloc’s laws.
Although we decline to undertake a larger “examination of the primacy of EU law”or an explicit review of the EU court ruling, the Hungarian Court ruled that the country had an “inalienable”constitutional rights to sovereignty and self determination. The judges ruled that Hungary could apply its laws to areas it deemed appropriate. “incomplete effectiveness”EU laws.
Speaking to public radio ahead of the decision’s publication, Orban said that a favorable verdict would “mean that a strong legal fence will have been erected next to the physical one,”He also pledged to work with the EU in reforming its immigration policies.
Immigration isn’t in Brussels. It happens at the Hungarian, Polish, and Italian ports. The rules must be changed and we need to fix the existing problems.
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The European Court of Justice ruled last December that Hungary cannot indefinitely hold illegal refugees in transit areas along its Serbian border or without hearings, and the decision was made by this Court. Additionally, asylum-seekers had the right to have their cases judicially reviewed by the court.
However, Hungarian Justice Minister Judit Varga noted in the government’s legal challenge that forcing it to hold asylum hearings raised the possibility that refugees became “de facto part of the country’s population.” The motion said that this would violate Hungary’s constitutional right to decide who it lets into the country.
Didier REYNDERS, EU Justice Commissioner described the motion in his visit to Budapest last month. “unacceptable.”
After a decision by a Hungarian court, the Polish neighbor challenged the supremacy of EU law due to incompatibilities in the Polish constitution. These two decisions may lead to a crisis of law in the bloc, which includes 27 member nations.
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