European Court Orders EU
Countries to Take Migrants
"Politics has raped
European law and values."
by Soeren Kern
§ The September 6 ruling, which has been hailed as a
victory for European federalism, highlights the degree to which the European
Union has usurped decision-making powers from its 28 member states. The ruling
also showcases how the EU's organs of jurisprudence have become politicized.
victory for European federalism, highlights the degree to which the European
Union has usurped decision-making powers from its 28 member states. The ruling
also showcases how the EU's organs of jurisprudence have become politicized.
§ Many so-called asylum seekers have refused to relocate
to Central and Eastern Europe because the financial benefits there are not as
generous as in France, Germany or Scandinavia.
to Central and Eastern Europe because the financial benefits there are not as
generous as in France, Germany or Scandinavia.
§ "Let us not forget that those arriving have been
raised in another religion, and represent a radically different culture. Most
of them are not Christians, but Muslims. This is an important question, because
Europe and European identity is rooted in Christianity. Is it not worrying in
itself that European Christianity is now barely able to keep Europe Christian?
If we lose sight of this, the idea of Europe could become a minority interest
in its own continent." — Hungarian Prime Minister Viktor Orbán.
raised in another religion, and represent a radically different culture. Most
of them are not Christians, but Muslims. This is an important question, because
Europe and European identity is rooted in Christianity. Is it not worrying in
itself that European Christianity is now barely able to keep Europe Christian?
If we lose sight of this, the idea of Europe could become a minority interest
in its own continent." — Hungarian Prime Minister Viktor Orbán.
The European Union's highest court has rejected a complaint by
Hungary and Slovakia over the legality of the bloc's mandatory refugee quota
program, which requires EU member states to admit tens of thousands of migrants
from Africa, Asia and the Middle East.
Hungary and Slovakia over the legality of the bloc's mandatory refugee quota
program, which requires EU member states to admit tens of thousands of migrants
from Africa, Asia and the Middle East.
The European Court of Justice (ECJ) ruled that the European Commission, the
powerful executive arm of the European Union, has the legal right to order EU
member states to take in so-called asylum seekers, and, conversely, that EU
member states have no legal right to resist those orders.
powerful executive arm of the European Union, has the legal right to order EU
member states to take in so-called asylum seekers, and, conversely, that EU
member states have no legal right to resist those orders.
The September 6 ruling, which has been hailed as a victory for
European federalism, highlights the degree to which the European Union has
usurped decision-making powers from its 28 member states. The ruling also
showcases how the European Union's organs of jurisprudence have become
politicized.
European federalism, highlights the degree to which the European Union has
usurped decision-making powers from its 28 member states. The ruling also
showcases how the European Union's organs of jurisprudence have become
politicized.
Opponents of the relocation scheme say that decisions about the
granting of residence permits should be kept at the national level, and that by
unilaterally imposing migrant quotas on EU member states, unelected bureaucrats
in Brussels are seeking to force the democratically elected leaders of Europe
to submit to their diktat.
granting of residence permits should be kept at the national level, and that by
unilaterally imposing migrant quotas on EU member states, unelected bureaucrats
in Brussels are seeking to force the democratically elected leaders of Europe
to submit to their diktat.
The dispute dates back to September 2015, when, at the height of
Europe's migration crisis, EU member states narrowly voted to relocate
120,000 "refugees" from Italy and Greece to other parts of the bloc.
This number was in addition to a July 2015 plan to redistribute 40,000
migrants from Italy and Greece.
Europe's migration crisis, EU member states narrowly voted to relocate
120,000 "refugees" from Italy and Greece to other parts of the bloc.
This number was in addition to a July 2015 plan to redistribute 40,000
migrants from Italy and Greece.
Of the 160,000 migrants to be "shared," nine countries
in Central and Eastern Europe were ordered to take in around 15,000 migrants.
Although the Czech Republic, Hungary, Romania and Slovakia voted against the
agreement, they were still required to comply.
in Central and Eastern Europe were ordered to take in around 15,000 migrants.
Although the Czech Republic, Hungary, Romania and Slovakia voted against the
agreement, they were still required to comply.
Since then, several states have refused to accept their assigned
quotas of migrants. Poland, for example, has a quota of 6,182 migrants, not one
of whom has been admitted. The Czech Republic has a quota of 2,691 migrants, of
whom only 12 have been taken. Hungary has a quota of 1,294, none of whom has
been admitted.
quotas of migrants. Poland, for example, has a quota of 6,182 migrants, not one
of whom has been admitted. The Czech Republic has a quota of 2,691 migrants, of
whom only 12 have been taken. Hungary has a quota of 1,294, none of whom has
been admitted.
In the EU as a whole, so far only around 25,000 migrants have been
relocated (7,873 from Italy and 16,803 from Greece), according to the
EU's latest relocation and resettlement report, published on July 26, 2017. Of
the 28 EU member states, only Latvia and Malta have taken in their full quotas
— a combined total of 469 migrants.
relocated (7,873 from Italy and 16,803 from Greece), according to the
EU's latest relocation and resettlement report, published on July 26, 2017. Of
the 28 EU member states, only Latvia and Malta have taken in their full quotas
— a combined total of 469 migrants.
Many so-called asylum seekers have refused to relocate
to Central and Eastern Europe because the financial benefits there are not as
generous as in France, Germany or Scandinavia. Hundreds of migrants who have
been relocated to Estonia, Latvia and Lithuania, which rank among the poorest
countries in the EU, have since fled to Germany and
other wealthier countries in the bloc.
to Central and Eastern Europe because the financial benefits there are not as
generous as in France, Germany or Scandinavia. Hundreds of migrants who have
been relocated to Estonia, Latvia and Lithuania, which rank among the poorest
countries in the EU, have since fled to Germany and
other wealthier countries in the bloc.
Hungary and Slovakia, backed by Poland, argued that the European
Union broke its own rules and exceeded its powers when it approved the quota
system with a "qualified majority"
— around two thirds of the bloc's members. They also argued that the relocation
scheme is a direct violation of the European Union's Dublin Regulation, a law
that requires people seeking refuge within the EU to do so in the first
European country they reach.
Union broke its own rules and exceeded its powers when it approved the quota
system with a "qualified majority"
— around two thirds of the bloc's members. They also argued that the relocation
scheme is a direct violation of the European Union's Dublin Regulation, a law
that requires people seeking refuge within the EU to do so in the first
European country they reach.
The European Court of Justice ruled that a qualified majority vote
was sufficient because the EU "was not required to act unanimously when it
adopted the contested decision." The ruling, which did not mention the
Dublin Regulation, concluded: "The mechanism actually contributes to
enabling Greece and Italy to deal with the impact of the 2015 migration crisis
and is proportionate."
was sufficient because the EU "was not required to act unanimously when it
adopted the contested decision." The ruling, which did not mention the
Dublin Regulation, concluded: "The mechanism actually contributes to
enabling Greece and Italy to deal with the impact of the 2015 migration crisis
and is proportionate."
Hungarian Foreign Minister Peter Szijjarto called the court
ruling "outrageous and irresponsible" and "contrary to the
interests of the European nations, including Hungary." He added: "The
decision puts at risk the security of all of Europe and the future of all of
Europe as well."
ruling "outrageous and irresponsible" and "contrary to the
interests of the European nations, including Hungary." He added: "The
decision puts at risk the security of all of Europe and the future of all of
Europe as well."
Szijjarto vowed that Hungary
would continue to challenge any attempts by the EU resettle migrants in Hungary
without its approval. "The real battle is only just beginning," he
said, adding that the decision was political: "Politics has raped European
law and values."
would continue to challenge any attempts by the EU resettle migrants in Hungary
without its approval. "The real battle is only just beginning," he
said, adding that the decision was political: "Politics has raped European
law and values."
Slovakian Prime Minister Robert Fico said that while he
"respected" the court's decision, his government's opposition to the
relocation plan "has not changed at all." He added: "We will
continue to work on having solidarity expressed in different ways other than
forcing on us migrants from other countries that do not want to be here
anyway."
"respected" the court's decision, his government's opposition to the
relocation plan "has not changed at all." He added: "We will
continue to work on having solidarity expressed in different ways other than
forcing on us migrants from other countries that do not want to be here
anyway."
Polish Prime Minister Beata Szydło also was defiant: "I was convinced that the court
would make such a decision, but this absolutely does not change the stance of
the Polish government with respect to migration policy."
would make such a decision, but this absolutely does not change the stance of
the Polish government with respect to migration policy."
 After the ruling of the European Court of Justice that the EU has the legal right to order member states to take in so-called asylum seekers, and that member states have no right to resist those orders, Polish PM Beata Szydło was defiant, saying, "this absolutely does not change the stance of the Polish government with respect to migration policy." (ECJ photo by Transparency International/Flickr; Szydło photo by Polish PM Chancellery) |
German Foreign Minister Sigmar Gabriel said that the
ruling means Eastern European member states must abide by the refugee sharing
scheme: "I always said to our Eastern European partners that it is right
to clarify questions legally if there is doubt. But now we can expect all
European partners to stick to the ruling and implement the agreements without
delay."
ruling means Eastern European member states must abide by the refugee sharing
scheme: "I always said to our Eastern European partners that it is right
to clarify questions legally if there is doubt. But now we can expect all
European partners to stick to the ruling and implement the agreements without
delay."
EU Migration Commissioner Dimitris Avramopoulos welcomed the ECJ
ruling: "ECJ confirms relocation scheme valid. Time to work in unity and
implement solidarity in full." He warned holdouts of legal action if they
do not comply with the refugee obligations "in coming weeks."
ruling: "ECJ confirms relocation scheme valid. Time to work in unity and
implement solidarity in full." He warned holdouts of legal action if they
do not comply with the refugee obligations "in coming weeks."
The European Commission has already initiated legal
action against the Czech Republic, Hungary and Poland for failing to take in
their quotas of migrants. The so-called infringement procedure,
which authorizes the Commission to sue member states that are considered to be
in breach of their obligations under EU law, could lead to massive financial
penalties.
action against the Czech Republic, Hungary and Poland for failing to take in
their quotas of migrants. The so-called infringement procedure,
which authorizes the Commission to sue member states that are considered to be
in breach of their obligations under EU law, could lead to massive financial
penalties.
The ECJ ruling and the continued threats from Brussels are likely
to help Hungarian Prime Minister Victor Orbán in his campaign for re-election
in 2018. In a recent opinion survey, Orbán's Fidesz party polled at 53%,
followed by the nationalist Jobbik party, at 21%. He has said that his
campaign platform would focus on boosting the economy, improving security and
preserving national identity.
to help Hungarian Prime Minister Victor Orbán in his campaign for re-election
in 2018. In a recent opinion survey, Orbán's Fidesz party polled at 53%,
followed by the nationalist Jobbik party, at 21%. He has said that his
campaign platform would focus on boosting the economy, improving security and
preserving national identity.
Orbán, who has emerged as the standard-bearer of European
opposition to German Chancellor Angela Merkel's "open-door" migration
policy, has repeatedly warned that Muslim
migrants are threatening Europe's Christian identity:
opposition to German Chancellor Angela Merkel's "open-door" migration
policy, has repeatedly warned that Muslim
migrants are threatening Europe's Christian identity:
"Let us not forget that those arriving have been raised in
another religion, and represent a radically different culture. Most of them are
not Christians, but Muslims. This is an important question, because Europe and
European identity is rooted in Christianity. Is it not worrying in itself that European
Christianity is now barely able to keep Europe Christian? If we lose sight of
this, the idea of Europe could become a minority interest in its own
continent."
another religion, and represent a radically different culture. Most of them are
not Christians, but Muslims. This is an important question, because Europe and
European identity is rooted in Christianity. Is it not worrying in itself that European
Christianity is now barely able to keep Europe Christian? If we lose sight of
this, the idea of Europe could become a minority interest in its own
continent."
At a September 3 campaign rally in the town of Kötcse, Orbán cited expert
predictions that more than 60 million people are expected to make their way
from Africa into Europe during the next 20 years — thereby pushing Europe's
Muslim population to above 20% by 2030. "The Islamization of Europe is
real," Orbán warned.
predictions that more than 60 million people are expected to make their way
from Africa into Europe during the next 20 years — thereby pushing Europe's
Muslim population to above 20% by 2030. "The Islamization of Europe is
real," Orbán warned.
Soeren Kern is a Senior Fellow at
the New York-based Gatestone Institute.
the New York-based Gatestone Institute.
©
2017 Gatestone Institute. All rights reserved. The
articles printed here do not necessarily reflect the views of the Editors or of
Gatestone Institute. No part of the Gatestone website or any of its contents
may be reproduced, copied or modified, without the prior written consent of
Gatestone Institute.
2017 Gatestone Institute. All rights reserved. The
articles printed here do not necessarily reflect the views of the Editors or of
Gatestone Institute. No part of the Gatestone website or any of its contents
may be reproduced, copied or modified, without the prior written consent of
Gatestone Institute.
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