Hungary faces a significant financial penalty from the European Union‘s highest court due to its non-compliance with policies surrounding the treatment of migrants and asylum seekers at its borders. The European Court of Justice (ECJ) has determined that Hungary must pay a fine amounting to €200 million, with an additional daily penalty of one million euros, until the required changes are fully implemented.
Prime Minister Viktor Orbán expressed his discontent with the ruling in a Facebook post, calling it “outrageous and unacceptable.” The nation’s nationalist government has previously refused to enforce a 2020 court decision mandating the modification of its asylum procedures and border policies.
The ECJ elaborated that Hungary did not adhere to the mandatory measures outlined in the 2020 judgment. Specifically, the court cited Hungary’s failure to allow applicants for international protection to remain in the country while their appeals against rejection were pending. Furthermore, the judgment highlighted the requirement to regulate the expulsion of unlawfully present third-country nationals.
Hungary’s current legislation stipulates that asylum requests must be submitted at Hungarian embassies in neighboring Serbia or Ukraine. Individuals attempting unauthorized border crossings are typically turned back. Prime Minister Orbán‘s government has pointed to the closure of pre-existing “transit zones” as partial compliance, despite the European Commission‘s assertion that these actions have not met the court’s directives.
In 2021, Orbán stated his intention to sustain Hungary‘s existing asylum policy despite directives from the ECJ to amend it. The European Commission pursued further legal action in early 2022, maintaining that Hungary had not taken the essential steps to comply with the prior judgment. The ECJ‘s ruling described Hungary’s ongoing failure as “an unprecedented and extremely serious infringement of EU law,” asserting that it represents a deliberate refusal to implement a common EU policy.