The European Court of Justice (ECJ) has ordered Hungary to pay a fine of €200 million plus an additional €1 million for each day of delay. This decision was made due to Hungary’s asylum policy, which contravenes EU policy. The court, which is based in Luxembourg, came to this conclusion because Hungary has failed to implement previous court decisions regarding its asylum policy.
In December 2020, the EU Commission started legal action against Hungary. The court determined that Hungary’s asylum policies were illegal under EU law since they detained refugees in transit zones and returned them to Serbia without providing them with legal protection.
In 2022, the EU Commission filed another lawsuit against Hungary for its failure to implement court decisions made in 2020. The Commission requested that the court impose a fine on Hungary, which has already been decided at €200 million. Additionally, the court found that Hungary has deliberately not implemented the EU asylum policy, and this behavior is considered a serious violation of EU law, according to the court’s judgment.
The right-wing government in Hungary has faced criticism from the EU Commission multiple times for its strict asylum policy. Additionally, the European Court of Justice has ruled that certain aspects of Hungary’s asylum system are illegal. This includes the practices used in closed transit camps on the border with Serbia, as well as the requirement for asylum seekers to complete preliminary asylum procedures at Hungarian embassies before being allowed to enter Hungary to apply for protection. Last year, the court decided to overturn the regulation that mandated asylum seekers to undergo preliminary procedures at embassies.
The Court also concluded that Budapest violated the principle of faithful cooperation in the area of international protection and regulations concerning the return of third-country nationals who were staying illegally. The Court deemed this violation to be a significant challenge to the unity of EU law.