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In a landmark ruling, the European Court of Justice (ECJ) has fined Hungary €200 million for failing to uphold the rights of asylum seekers, marking what has been described as an “unprecedented” breach of EU law. Additionally, Hungary faces a daily penalty of 1 million Euro until it aligns with EU asylum regulations.

The Luxembourg-based court criticized Hungary for its “deliberate evasion” of EU policies, characterizing the breach as “an exceptionally serious infringement of EU law” and a “significant threat to the unity of EU law and the principle of equality among member states.”

The imposed fine exceeds the amount initially sought by the European Commission, which brought the case forward. The court pointed to “aggravating circumstances,” including repeated violations, which contributed to the severity of the penalty.

Hungarian Prime Minister Viktor Orbán condemned the ruling as “outrageous and unacceptable,” asserting that “illegal migrants are more important to the Brussels bureaucrats than their own European citizens.”

The ruling comes just weeks before Hungary is set to assume the rotating presidency of the EU Council of Ministers, highlighting the internal challenges posed by nationalist leaders within the bloc. This decision stems from a 2020 ruling which found Hungary in breach of EU migration laws by restricting asylum seekers’ rights, including detaining them in transit camps at Röszke and Tompa along the Serbian border.

Although Hungary closed these camps and claimed compliance with the ruling, it passed a law in 2020 requiring asylum seekers to submit a “declaration of intent” at a Hungarian embassy in a non-EU country before entering Hungary. This law has effectively halted asylum claims, with only 30 applications received in 2023, compared to Cyprus’s 12,000 applications despite its smaller population.

The ECJ ruled that Hungary’s 2020 migration law violated EU asylum laws and international conventions protecting refugee rights, including the principle of non-refoulement. The court also highlighted other violations, such as the unlawful removal of asylum seekers without proper safeguards and denying those refused asylum the right to stay in Hungary pending an appeal.

Hungary’s non-compliance “undermines in a particularly serious manner” the rights of non-EU nationals and stateless individuals by making it impossible to apply for asylum at the border. The court criticized Hungary’s decision to wait for a verdict from its national constitutional court before complying with the 2020 ruling, challenging the supremacy of EU law.

This conduct has transferred the responsibility and financial burden of managing asylum applications to other EU member states, undermining “the principle of solidarity and fair sharing of responsibility,” the court concluded.

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