Hungary Slapped with Hefty Fine for Extremely Serious Violation of EU Asylum Law

The European Court of Justice (ECJ) has imposed hefty fines on Hungary for what it describes as an "unprecedented and exceptionally serious breach of EU law." The decision follows Budapest's refusal to comply with a 2020 ruling concerning the treatment of migrants, which the court says Hungary has largely ignored.

Hungary has been ordered by the ECJ to pay a lump sum of EUR 200 million due to its restrictive asylum policies. Additionally, the country faces a EUR 1 million daily fine for every day of non-compliance. These fines will be automatically deducted from Hungary's EU budget allocations, parts of which are already frozen over similar legal issues.

The conflict began in December 2020 when the Luxembourg-based court ruled that Hungary, under Prime Minister Viktor Orbán, had significantly restricted access to asylum procedures. The court found that Hungary made it "virtually impossible" for migrants to file applications for international protection. It also criticized the country's practice of detaining asylum seekers in "transit zones" under conditions akin to detention and violating their right to appeal.

In a controversial policy that has drawn international scrutiny, Hungary's asylum system operates beyond its borders. Prospective asylum seekers find themselves in a peculiar situation: they must file their applications from abroad, specifically at Hungarian embassies in neighboring Serbia or Ukraine.

Those desperate enough to attempt crossing into Hungarian territory face a grim reality. Reports consistently describe a pattern of "pushbacks" - a practice where border authorities summarily expel individuals without due process. This tactic, critics argue, denies potential refugees their right to seek protection and violates international law.

Hungary ignored the judgment from 2020, which the ECJ described in a statement this week as “deliberately evading the application of the EU common policy.”

Continued Defiance
Despite the December 2020 ruling, Hungary failed to amend its policies, prompting the European Commission to initiate new legal action. The recent judgment underscores Hungary's failure to "fulfill obligations," branding it a "serious threat to the unity of EU law" with significant impacts on both asylum seekers and public interest.

The court highlighted how Hungary's actions have pressured neighboring member states, undermining the principle of solidarity and fair responsibility sharing within the EU.

Prime Minister Orbán described the court's decision as "outrageous and unacceptable," accusing Brussels bureaucrats of prioritizing illegal migrants over European citizens. The European Commission, engaged in a prolonged standoff with Orbán, has indicated it will pursue Hungary for compliance and payment of fines.

Enforcing the Judgment
The Commission plans to reach out to Hungary for a compliance plan. If Hungary fails to pay the fines, the Commission will use the "offsetting procedure" to deduct the fines from Hungary's EU funds, a method previously used with Poland. The EUR 1 million daily fine applies immediately, and a separate request will be made for the EUR 200 million lump sum, irrespective of Hungary's future actions.

Orbán's hard-line stance on migration has exacerbated tensions with Brussels. Recently, Hungary voted against every component of the New Pact on Migration and Asylum, a comprehensive reform aimed at managing irregular migration across the EU. As Hungary continues to resist EU directives, the showdown with Brussels shows no signs of abating.