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EU's top court dismisses Hungary and Slovakia case against taking in refugees

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ECJ rejects Slovakia, Hungary refugee challenge
The EU’s refugee relocation scheme is ‘proportionate,’ says the court.

By Cynthia Kroet 9/6/17, 10:17 AM CET


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Migrants queue for food being delivered by volunteers at a camp besides the border fence close to the E75 Horgas border crossing between Serbia and Hungary on July 16, 2016

The European Court of Justice (ECJ) on Wednesday dismissed a challenge by Slovakia and Hungary against the EU’s relocation policy for asylum seekers, upholding the EU’s right to oblige member countries to take in refugees.

In response to the migration crisis that hit Europe in the summer of 2015, the Council of the European Union demanded that member countries should help Italy and Greece deal with the migrant arrivals. Slovakia and Hungary challenged the decision, and were later supported by Poland.


“The mechanism actually contributes to enabling Greece and Italy to deal with the impact of the 2015 migration crisis and is proportionate,” the ECJ said in a statement announcing its ruling.

The agreement provided for the relocation of up to 160,000 people across member countries, but only about 25,000 have been transferred so far.

The court decision means that the mandatory aspect of the relocation program is legal. Hungary, Slovakia and Poland had all advocated for a completely voluntary system.

The original relocation scheme will expire this month, but the European Commission has made clear that it will be extended. However, Commission officials have also made clear they now want to give the countries that objected to the scheme some time to implement it.

“What we have to avoid is this court case igniting a situation that is already complicated,” said an EU diplomat who follows migration closely, referring to tensions on other issues with Hungary and Poland.

Parallel to the court case, in June the European Commission launched an infringement procedure against Hungary and Poland, for not having taken in any refugees under the scheme so far. An infringement procedure is a measure undertaken by the Commission if it believes an EU member country is breaking EU law. It can lead to legal action before the ECJ.

Slovakia has accepted just 16 refugees out of the 902 it was supposed to take. However, it was not part of the infringement procedure as the Commission took action only against countries that have not made pledges to take in refugees in the previous 12 months.

http://www.politico.eu/article/ecj-rejects-slovakia-hungary-refugee-challenge/
 
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