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European Court of Justice dismisses Hungary and Slovakia case against refugee quotas

Jasup

Member
http://www.reuters.com/article/us-e...stern-states-must-take-refugees-idUSKCN1BG35V
The European Union’s highest court ruled on Wednesday that EU states must take in a share of refugees who reach Europe, dismissing complaints by Slovakia and Hungary and reigniting an angry row between east and west.

The government of Hungary’s nationalist Prime Minister Victor Orban was characteristically blunt about the European Court of Justice, calling its decision to uphold an EU policy drafted in the heat of the 2015 migrant crisis as “appalling” and denouncing a political “rape of European law and values”.

However, Germany, which took in the bulk of over a million people who landed in Greece two years ago, said it expected the formerly communist states, including Poland, which supported the complaint, to now fall in line and accept the ruling that the Union is entitled to impose quotas of asylum-seekers on states.

The program provided for the relocation of up to 120,000 people from Greece and Italy, but less than 30,000 have so far been moved, partly through difficulties in identifying suitable candidates. A further program for resettling people directly from outside the EU has also struggled to hit targets.

Hungary and Poland have refused to host a single person under the 2015 sharing scheme, while Slovakia and the Czech Republic have each taken in only a dozen or so.

While the EU has sought in vain to come up with a compromise, the court ruling may just force Brussels’ hand.

European Court of Law's press release [pdf]: https://curia.europa.eu/jcms/jcms/p1_452412/en/
The Court dismisses the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers

That mechanism actually contributes to enabling Greece and Italy to deal with the impact of the 2015 migration crisis and is proportionate


In response to the migration crisis that affected Europe in the summer of 2015, the Council of the European Union adopted a decision 1 in order to help Italy and Greece deal with the massive inflow of migrants. The decision provides for the relocation from those two Member States to other EU Member States, over a period of two years, of 120 000 persons in clear need of international protection.

The contested decision was adopted on the basis of Article 78(3) TFEU, which provides that ‘in the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament’.

Slovakia and Hungary which, like the Czech Republic and Romania, voted against the adoption of the contested decision in the Council, 2 have asked the Court of Justice to annul the decision. In support of their actions they put forward pleas seeking to show (i) that the adoption of the decision was vitiated by errors of a procedural nature or arising from the choice of an inappropriate legal basis and (ii) that the decision was neither a suitable response to the migrant crisis nor necessary for that purpose.

In the proceedings before the Court, Poland has intervened in support of Slovakia and Hungary, while Belgium, Germany, Greece, France, Italy, Luxembourg, Sweden and the Commission have intervened in support of the Council.

By today’s judgment, the Court dismisses in their entirety the actions brought by Slovakia and Hungary.

Euronews: How many refugees have been taken in
http://www.euronews.com/2017/09/06/fact-check-how-many-refugees-has-each-eu-country-taken-in
 

Violet_0

Banned
aside from these countries not taking in any refugees, the refugees themself don't want to be assigned to these places either
 

G.ZZZ

Member
Id they dont want to take them, why force it?

Cause, and you may not know it since the all the news are fake, but the EU is a communist totalitarian state that stripped its slav... citizens of their liberty and their rights long ago.

America remain as the last bastion of freedom in the world nowadays.
 
Is there anything stopping refugees allocated to e.g. Eastern European countries from relocating to Germany?

If not then I don't see the point of these quota's.
 

Violet_0

Banned
Slovakia is pretty nice.

eh, most places are better than an active war zone or a country like Eritrea
but when given the choice, you'd be stupid to not try to get asylum in some of the richest countries in the world with the best social security available instead of a country that isn't doing all that well economically either and/or is overly hostile to refugees. A friend of mine lives in rural eastern Slovakia next to the Ukraine border, it's not a super welcoming place. The youth migrates in droves to the western EU countries for better job opportunities and higher wages
 

G.ZZZ

Member
Is there anything stopping refugees allocated to e.g. Eastern European countries from relocating to Germany?

If not then I don't see the point of these quota's.

Money, arguably.

Refugees often are granted some form of housing solutions and money. Which they supposedly wouldn't get if they moved.

But then you could argue, probably rightly so, that due to the racism in those eastern countries refugees wouldn't be able to work or live a decent life and they'd be better as illegals in germany than political refugees in an eastern country.

Make no mistake, all this shit is largely political. Those numbers of migrants right now are largely a non-issue for europe. The issue is that helping them is political suicide when a large part of the population live in relatively shitty conditions already, especially in southern and eastern europe.
 
Money, arguably.

Refugees often are granted some form of housing solutions and money. Which they supposedly wouldn't get if they moved.

But then you could argue, probably rightly so, that due to the racism in those eastern countries refugees wouldn't be able to work or live a decent life and they'd be better as illegals in germany than political refugees in an eastern country.

Make no mistake, all this shit is largely political. Those numbers of migrants right now are largely a non-issue for europe. The issue is that helping them is political suicide when a large part of the population live in relatively shitty conditions already, especially in southern and eastern europe.

Housing and integrating thousands of refugees does not seem like a non-issue to me.
 
My solution to this has always been that you either take migrants or pay other nations to take them. Each nation gets allocated a quantity of migrants according to their size, gdp, popu density etc. Then they can either sell further allocations to countries that don't want to take migrants or buy their way out of the obligation.
 

Protome

Member
My solution to this has always been that you either take migrants or pay other nations to take them. Each nation gets allocated a quantity of migrants according to their size, gdp, popu density etc. Then they can either sell further allocations to countries that don't want to take migrants or buy their way out of the obligation.

This wouldn't work though because it's the poorer countries who don't want to take them.
 
being a member of the EU doesn't mean a country must give up its sovereignty on how it controls who it accepts or not.

it's bad enough that many countries had to change their industries due to production quotas in certain agricultural sectors, now individual countries have to compromise on sovereignty?

on this issue, I side with the individual country's rights to decide how it wants to accept immigration.

a one size fits all approach for all members is highly unrealistic.
 

Christian

Member
being a member of the EU doesn't mean a country must give up its sovereignty on how it controls who it accepts or not.

it's bad enough that many countries had to change their industries due to production quotas in certain agricultural sectors, now individual countries have to compromise on sovereignty?

on this issue, I side with the individual country's rights to decide how it wants to accept immigration.

a one size fits all approach for all members is highly unrealistic.

It's not one-size fits all. Different countries have different quotas.
 

MilkBeard

Member
a one size fits all approach for all members is highly unrealistic.

Yes, but sometimes the kids whine and you gotta make them fall in line. And this is hardly a one-size-fits-all if the number of refugees is being calculated based on each country individually.
 
So they were happy to immigrate to Western Europe themselves looking for better lives. Their countries enjoyed EU investments but ohhh now they complain about immigration.
 

Chmpocalypse

Blizzard
Id they dont want to take them, why force it?

"I just want all of the benefits of being in the EU but none of the responsibilities, why do I have to play fair and do my part like other countries?"

Might as well ask why one has to pay taxes just because they enjoy public emergency services.
 
being a member of the EU doesn't mean a country must give up its sovereignty on how it controls who it accepts or not.

I mean, in some regards, that's exactly what it means.

While comparisons can be made, new nations entering the EU will need the approval of all others. So everyone in the EU was OK with these countries joining. Not everyone in the EU is OK with letting in immigrants at this moment.
...isn't this about refugees? I know you didn't start using the word immigrant, but it seems inappropriately here.
 
So they were happy to immigrate to Western Europe themselves looking for better lives. Their countries enjoyed EU investments but ohhh now they complain about immigration.
While comparisons can be made, new nations entering the EU will need the approval of all others. So everyone in the EU was OK with these countries joining. Not everyone in the EU is OK with letting in immigrants at this moment.
 

Jasup

Member
Is there anything stopping refugees allocated to e.g. Eastern European countries from relocating to Germany?

If not then I don't see the point of these quota's.

Well yes there actually is. We are talking about refugees who are still seeking asylum and their cases are handled by the countries that receive them. During the time their cases are handled relocating to another country halts the process and leaves the person without asylum. There is also the rule that you can seek asylum in only one EU member country.

Basically, if they want asylum they have to stay put.
 
Also, the comments from Hungarian politicians sound like Trumpian nationalistic nonsense.

hungary is ruled by a party that is basically the european version of trumpiam republucans

they even cynically change election rules to improve their election results a la american republicans
 

turmoil

Banned
Also, the comments from Hungarian politicians sound like Trumpian nationalistic nonsense.

Those strong macho politicias with enormous hands sure are competent and don't need any scapegoats.

Now if only the US would take their fair share of their mess.
 
The problem I see is that if you force them to take in refugees, the local citizens would become pissed off enough to openly attack them.
 
Is there anything stopping refugees allocated to e.g. Eastern European countries from relocating to Germany?

If not then I don't see the point of these quota's.
Germany can deport the person to the country responsible for his or her asylum process as determined by the Dublin convention. All responsible EU nations adhere to it.

Also, fuck yes and suck it Hungary.
 
My solution to this has always been that you either take migrants or pay other nations to take them. Each nation gets allocated a quantity of migrants according to their size, gdp, popu density etc. Then they can either sell further allocations to countries that don't want to take migrants or buy their way out of the obligation.

Or just re-allocate their funds equal to the amount needed to take care of refugees and asylum seekers somewhere else.

I mean Orban probably takes a chunk of the EU funds and keeps it for himself anyway.
 

Jasup

Member
Also, the comments from Hungarian politicians sound like Trumpian nationalistic nonsense.

Well let's see, this is from last year:
https://www.theguardian.com/world/2...me-minister-viktor-orban-praises-donald-trump
Hungary's right-wing prime minister Viktor Orban has described the arrival of asylum seekers in Europe as ”a poison", saying his country did not want or need ”a single migrant".

[...]

”Hungary does not need a single migrant for the economy to work, or the population to sustain itself, or for the country to have a future,"
he told a joint press conference in Budapest with Austrian chancellor Christian Kern.

”This is why there is no need for a common European migration policy: whoever needs migrants can take them, but don't force them on us, we don't need them,"
Orban said.

The populist leader added that ”every single migrant poses a public security and terror risk".

”For us migration is not a solution but a problem ... not medicine but a poison, we don't need it and won't swallow it,"
he said.
Oh yeah, and he praises Trump. So yeah.

And as far as I know the official line from the Hungarian government is that there are no refugees coming in Europe, they are all "economic migrants".


ALSO, from today.
BBC: Europe migrant crisis: Hungary rages at EU asylum verdict
http://www.bbc.com/news/world-europe-41177420
The Hungarian government's reaction to the European Court verdict was fast and furious. Foreign Minister Peter Szijjarto complained bitterly of politics being behind the "rape of European law and values".

[...]

Anticipating the verdict, the government has in the past days appealed to the European Commission to pay half the €880m (£800m; $1.05bn) costs of the Hungarian fence on its southern border
 

Xando

Member
Good.

Either take these obligations like everyone else or stop getting subsidized from larger EU countries
 
Good.

Either take these obligations like everyone else or stop getting subsidized from larger EU countries

It's one thing to accept free movement of EU nationals, but the forced relocation of non-EU citizens to your country? Is that an obligation that the Hungarians and Slovaks signed up for?
 

Xando

Member
It's one thing to accept free movement of EU nationals, but the forced relocation of non-EU citizens to your country? Is that an obligation that the Poles and Slovaks signed up for?

Well did the germans or french sign up to subsidize poland or hungary?

The relocation of refugees was decided with a majority in the EU. If you want to get money from the EU you're bound by it's decisions. Easy as that.

If you can't be arsed to help your fellow europeans why should they be arsed to give you money?
 
Good.

Either take these obligations like everyone else or stop getting subsidized from larger EU countries

Hungary has maintained its obligation to secure the Schengen zone's outer borders (an obligation other countries like to pretend doesn't exist). So now its being punished because other countries refused to do the same.
 

Xando

Member
Hungary has maintained its obligation to secure the Schengen zone's outer borders (an obligation other countries like to pretend doesn't exist). So now its being punished because other countries refused to do the same.

Hungary is part of the EU and therefore is bound by decisions made by the european council.

If they aren't willing to follow these decisions they're bound to get sanctioned
 
Hungary has maintained its obligation to secure the Schengen zone's outer borders (an obligation other countries like to pretend doesn't exist). So now its being punished because other countries refused to do the same.
That's one way to get it ass backwards.
 
Well did the germans or french sign up to subsidize poland or hungary?

The relocation of refugees was decided with a majority in the EU. If you want to get money from the EU you're bound by it's decisions. Easy as that.

If you can't be arsed to help your fellow europeans why should they be arsed to give you money?

(I don't know why I said Poland. You replied before my ninja edit!)

Some things are more important than money, and I've got a feeling that this may be one of them. I think it's going to stir up a lot of resentment.

Edit:

Hungary has maintained its obligation to secure the Schengen zone's outer borders (an obligation other countries like to pretend doesn't exist). So now its being punished because other countries refused to do the same.

Agree with that. And I'm sure we'll find that a lot of people criticising Hungary's actions at that time are the same ones saying they should now take in these migrants that came in over other countries' borders.
 
Large parts of Eastern Europe still consumed by fear and hatred.

edit:
Some things are more important than money, and I've got a feeling that this may be one of them. I think it's going to stir up a lot of resentment.

Resentment while still accepting payments. Doesn't have quite the same ring to it.
 

kadotsu

Banned
Yes, when they voted for Hungary to join/supported the 2004 enlargement.

I'm glad that we are all in agreement that countries should adhere to the deals they signed up for. Germany keeps subsidizing while SK and H take their share of refugees.
 
I'm glad that we are all in agreement that countries should adhere to the deals they signed up for. Germany keeps subsidizing while SK and H take their share of refugees.

They did not sign up for this deal, they voted against it. They are being forced to take foreign nationals because the southern EU states can't (won't) secure their borders.
 
Orban should just fuck off. The real reason they won't accept the refugees that have been approved under this program is because they're Muslim, correct? They're complaining about taking a small number of people out of the 120,000 approved for resettlement. Go cry me a river. This is Trump level bullshit.
 
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