Viktor Orbán has promised to denounce the 200 million euro fine imposed by the European Court of Justice, which Hungary refuses to pay.
The European Commission is raising its voice. The institution says it will use all legal powers at its disposal to prevent Hungary from bussing irregular migrants to Brussels. The move would represent an escalation in the years-long showdown between the EU executive and Hungarian Prime Minister Viktor Orbán.
Bupadest’s threat to deliberately transport migrants from one member state to another is seen as a retaliatory measure following the 200 million euro fine that the European Court of Justice imposed on Hungary and which the country refuses to pay.
No transfer has taken place yet and no one knows when it will take place, if at all.
“Hungarian authorities have announced that they will transport irregular migrants from the Serbian-Hungarian border to Brussels. In a word, this is unacceptable.“, a Commission spokeswoman responded on Tuesday.
“This action, if carried out, would constitute a flagrant violation of European legislation, but also of the principle of sincere and loyal cooperation, as well as of mutual trust. Furthermore, it would undermine the security of the Schengen area as a whole.“.
The spokesperson added that the Commission is “and contact“with Budapest to ensure that the government”abstain“to move forward with the announced plan. Contacts are also underway with Hungary’s neighbouring countries that could be affected.
“We are also prepared to use all the powers conferred on us by the Treaties to ensure that European legislation is respected.” she continues.
Under the Schengen Borders Code, the Commission is empowered to submit to the Council of the EU, the institution representing the Member States, a proposal to introduce temporary restrictions, including entry restrictions, into the European area of free movement of persons. Capitals can also take this decision unilaterally, as Germany did following a knife attack in the city of Solingen in August. The attacks, claimed by the Islamic State, have reignited the debate over migration policy and fueled calls for radical options.
The convergence of events in Budapest and Berlin raises fears of a paralysis of the Schengen area, undermined by a series of uncoordinated border controls.
The Commission’s comments follow a avalanche of criticism expressed by the Belgian authorities, who on Monday strongly rejected the “provocation“from Hungary. They asked the Commission to react”in a firm and decisive manner“.
Nicole de Moor, Belgian Secretary of State for Asylum and Migration, warned that if the transfers took place, Belgium would not grant access to the “migratory flows which are instrumentalized in this way“.
This new quarrel stems from the‘judgment rendered in June by the Court of Justice of the EU which found that Hungary had committed a “unprecedented and exceptionally serious violation of European Union law“because of the strict restrictions it imposes on the right to asylum. The judges sentenced the country to a fixed fine of 200 million euros and a fine of one million euros for each day of delay.
Hungarian Prime Minister Viktor Orbán reacted furiously to the verdict, calling it “scandalous and unacceptable“.
“It seems that illegal migrants are more important to Brussels bureaucrats than their own European citizens.“, he said in June. (The European Court of Justice is based in Luxembourg.)
The clash quickly escalated when the Hungarian leader’s deputies threatened to pay to illegal migrants and “one way” for the Belgian capital. On Friday, Hungarian State Secretary Bence Rétvári held a press conference to present a row of buses that would presumably be used in the operation, with illuminated signs indicating “Röszke-Brussels”. He specified that the transport would be offered “voluntarily” et “for free“.
“If Brussels wants illegal migrants, Brussels can have them“, insisted Bence Rétvári.
Budapest has meanwhile asked to recover €2 billion from the European Union coffers, a sum the country claims to have spent since 2015 to protect its internal borders. The Commission does not recognise this amount as repayable.
This dispute is taking place in parallel with a dispute on Hungary’s recent decision to extend its visa system to Russian and Belarusian citizens, which the Commission says could pose a threat to “the whole” of the Schengen area.
