Hungarian government takes first step towards complying with ECJ ruling on asylum law

EU Affairs Minister János Bóka announced on Thursday that there is a "roadmap and a methodology in place for agreeing on a solution" which would bring the Hungarian government into compliance with the EU court's asylum ruling "in the fastest procedure possible". The case, which has been dragging on for years, is the one where Hungary was fined a lump sum of €200 million (nearly HUF 80 billion), which is already collectible, and a daily fine of €1 million for "an unprecedented, very serious breach of EU law". The former will be deducted from Hungary's cohesion funding, the latter will be accumulated until the Hungarian government complies with the judgment, but could be reduced, as has been done in previous cases. The court ruled in 2020 that the Hungarian system was not in line with EU law, and it should have been resolved by now. (Although the EC acknowledges that certain steps have been taken, such as the closure of transit zones, Hungarian legislation still has not been fully aligned with the ruling.) The decision on the penalty was taken in June this year.

Bóka met with EU Home Affairs Commissioner Ylva Johansson on Tuesday. Two days later, when answering a question in the European Parliament's (EP) constitutional affairs committee, he said that he had agreed with Johansson on the timetable and methodology.

The amendment of the EU's quasi-constitution was also discussed

At the session, Bóka presented the programme of the Hungarian Presidency of the Council. This was originally due to be the subject of a speech by Prime Minister Viktor Orbán to the entire European Parliamant and not just the Constitutional Affairs Committee on Wednesday, but this was postponed due to the flooding.

One of the questions brought up by Committee Chairman Sven Simon in his opening remarks was when member states would begin the process of amending the EU's quasi-constitution, i.e. the basic treaties, which was formally initiated by the EP last November. From a Hungarian point of view, this is interesting because just a day before this Bóka announced that the Hungarian government, like the Dutch government, would seek an exemption from EU asylum and migration rules if the EU's basic treaty could be amended to allow it.

Bóka responded by saying that it was stated at the EU summit in June that the foundations for reforms must be laid down first, in order to prepare for EU enlargement. The Council of Ministers should present a detailed overview of EU values, policies, budget and governance by spring 2025. This will be reviewed next June. The Hungarian government is ready to continue this work, and the EU-affairs ministers will discuss the future of the EU on two occasions during the Hungarian Presidency. However, he did not address Simon’s question about when an intergovernmental conference would be held, which would be the next step in the process of modifying the treaties.

Green Party MEP Reinier Van Lansch later asked Bóka if he was aware that if the Hungarian government wants to amend a treaty, he believes that several member states will ask for changes that will respond to the "systemic corruption" and vetoes of the Hungarian government. On this, Bóka only said that it was clear who could amend the treaties and that it had to be unanimous (i.e. the Hungarian government would be able to block any changes).

Hungary’s close relationship with Russia was brought up

DK MEP Klára Dobrev said the EP was not really interested in the priorities of the Hungarian presidency because it was a "failure" before it even started, and Viktor Orbán is acting like Putin's "Trojan horse" with his vetoes.

According to Bóka, "Ms Dobrev is certainly convinced that what she is doing is in the interest of Hungary and the Hungarian people. I have a diametrically different opinion on this." He said that the EP election results also indicated that the Hungarians do too.

"We are now seeing the representatives of the Hungarian post-communist red aristocracy waving the Russian card," Fidesz MEP Ernő Schaller-Baross retorted to Dobrev.

Socialist Juan Fernando López Aguilar has laid a series of charges against the Hungarian government, starting with Orbán's trip to Moscow to the expansion of the National Card to include Russians. Bóka responded by saying that for the past five years, the EP has not invited representatives of the Hungarian government when discussing matters relating to Hungary. (The prime minister used to be a regular participant in such debates, even in 2018. In January 2019, however, prior to the next such debate, Péter Szijjártó, Minister of Foreign Affairs and Trade said that they would not be participating in the body's theatrics. In 2020, Orbán was invited, but – citing the Covid pandemic – he wanted to send Judit Varga, then Minister of Justice and EU Affairs, which the EP President refused to accept.)

The liberal Sandro Gozi accused the Hungarian government of violating the principle of sincere (officially translated as loyal) cooperation, which Bóka firmly rejected. According to him, the Hungarian government's refusal to say yes to a decision cannot be interpreted in this way.

Green MEP Daniel Freund asked Bóka about a report in the Financial Times according to which the Council's legal service also found that Orbán's trips (i.e. his "peace-making mission" in early July – ed) were a violation of EU law. Bóka was not allowed to comment on the content of the opinion given in the closed session, but he said it was not what Freund had quoted. Freund also mentioned that the Hungarian government would like to "dissolve" the EP, to which Bóka replied that the body would not be dissolved, but that its members would not be directly elected, as it was before 1979.

Not all MEPs were attacking Bóka. In addition to the technical questions, the Eurosceptic ECR's Patryk Jaky asked him to use his two minutes available for answering to compare the situation of the Hungarian judiciary, media and higher education with that of other member states. The minister again reiterated that he did not want to divert the meeting to be about Hungarian internal affairs, but said that the Council debates would continue, with discussions on the rule of law situation in a group of countries in a specific order. It would have now been Hungary's turn, so they swapped with the next – Polish – presidency to discuss Poland instead.

Cover photo: Laurie Dieffembacq / European Parliament / European Union