The Limited Times

Now you can see non-English news...

ECJ Advocate General: Sharp attack against Hungary, Poland and the Czech Republic

2019-10-31T14:40:50.866Z


The EU Commission has sued the Czech Republic, Poland and Hungary for their behavior in the refugee crisis. The final petition of the ECJ Advocate General has an impact: the three countries have violated the "essence of solidarity".



Eleanor Sharpston blames Hungary, Poland and the Czech Republic: a report by the Advocate General for the European Court of Justice (ECJ) states that the three countries violated EU law because of their lack of solidarity in the refugee crisis. Accordingly, they could not have refused to implement a decision to redistribute Syrian and other asylum seekers from Greece and Italy.

In 2015, the EU member states decided in two majority decisions to redistribute up to 160,000 asylum seekers. Hungary, Poland and the Czech Republic, however, persistently refused to implement the decision - although the ECJ confirmed the legality of the decision in a later judgment.

The EU Commission, which oversees, among other things, compliance with EU law in the international community, has filed a lawsuit against the states. Sharpston's opinion is the final motion in the proceeding. According to Commission figures, Poland and Hungary did not receive a single asylum seeker in the 2015 decisions, and the Czech Republic 12.

"That's the essence of solidarity"

The expert, Sharpston, said that the reservations made by Hungary, Poland and the Czech Republic were unfounded. The countries have been able to protect the safety and well-being of their citizens. The resettlement of an asylum seeker could have been denied at any time for legitimate reasons.

Sharpston also writes that both sides - Greece and Italy, as well as the host countries - were responsible for implementing the decision adequately in the 2015 emergency. Thus, the "unbearable pressure" on the countries on the EU's external borders could have been mitigated: "That's the essence of solidarity."

In the event that there were significant difficulties in implementation, the decisions could have been suspended at times - but not one-sidedly.

The rule of law in one country also means that the state must fulfill its own legal obligations, Sharpston continues. Disregard for these obligations because they are unwelcome or unpopular in a specific case is a "dangerous first step towards the collapse of an orderly and structured society committed to the rule of law".

Poland is unimpressed, the Czech Republic wants to "analyze" reports

The Polish government, however, insists on its position even after the expert opinion has been published. This is covered by the EU Treaty, said a government spokesman for the Polish news agency PAP. "Our actions were determined by the interests of Polish citizens and protection against uncontrolled migration," the spokesman said. Thanks also to Poland's tough stance and the other Visegrad states, the EU has changed its approach to the refugee issue and refrained from redistributing it.

The Czech Prime Minister Andrej Babis spoke only cautiously. "In any case, we must wait for the verdict of the court, which is solely binding," said the founder of the populist party ANO the Czech agency CTK. The Czech Republic is currently "studying and analyzing" the opinion of the Advocate General.

The appraiser's opinion is not binding, but the judges often follow her. A verdict is expected in the coming months. Then the ECJ could impose penalty payments against the three countries.

Source: spiegel

All news articles on 2019-10-31

You may like

News/Politics 2024-03-14T13:05:45.775Z
News/Politics 2024-02-15T05:19:36.935Z

Trends 24h

News/Politics 2024-03-27T16:45:54.081Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.