Viktor Orbán has vowed retaliation for a €200 million fine imposed by the European Court of Justice, which Hungary refuses to pay.
The European Commission will use all the legal powers at its disposal to stop Hungary from bussing irregular migrants to Brussels, a move that would represent a serious escalation in the decades-long showdown between the executive and Viktor Orbán.
Budapest’s threat to deliberately transport migrants from one member state to another is considered retaliation for the €200 million fine the European Court of Justice (ECJ) has imposed on Hungary, which the country refuses to pay.
No transfer has yet taken place and it’s unclear when they will happen, if at all.
“In terms of the announcements made by the Hungarian authorities that they would transport irregular migrants from the Hungarian Serbian borders to Brussels, in one word, basically, it is unacceptable,” a Commission spokesperson said on Tuesday.
“This action, if carried out, would be in clear breach of the EU law, but also it would be in clear breach of the principle of sincere and loyal cooperation, but also of the mutual trust. In addition, it will also undermine the security of the Schengen area as a whole.”
The spokesperson said the Commission was “in touch” with Budapest to ensure the government “refrains” from moving ahead with the announced plan. Contacts are also ongoing with countries neighbouring Hungary that could be potentially affected.
“We are also standing ready to use all our powers under the treaty to ensure that the EU law is respected,” the official added.
Under the Schengen Borders Code, the Commission is entitled to table a proposal to the Council to introduce temporary restrictions, including entry, across the passport-free area. Member states can also take that decision on a unilateral basis, as Germany did in the aftermath of a knife attack in the city of Solingen in August. The stabbings, claimed by Islamic State, have reignited the migration debate and fuelled calls for radical options.
The convergence of events in Budapest and Berlin is raising fears that the Schengen Area, one of the bloc’s most tangible achievements, could soon cease to function, undermined by a raft of uncoordinated border checks.
The Commission’s comments come on the heels of a barrage of criticism voiced by Belgian authorities, who on Monday forcefully rejected Hungary’s “provocation” and asked the Commission to react “strongly and decisively.”
Nicole de Moor, Belgium’s state secretary for asylum and migration, warned that should the transfers take place, Belgium will not grant access to “migration flows that are instrumentalised in this way.”
The latest row stems from the ECJ ruling in June that found Hungary had committed an “unprecedented and exceptionally serious breach of EU law” for its stringent restrictions on the right to asylum. The court slapped the country with a €200 million fine, as a lump sum, and a €1 million fine for each day the wrongdoing persists.
Hungarian Prime Minister Viktor Orbán reacted furiously to the verdict, calling it “outrageous and unacceptable.”
“It seems that illegal migrants are more important to the Brussels bureaucrats than their own European citizens,” he said in June. (The ECJ is based in Luxembourg.)
The clash quickly escalated when Orbán’s deputies threatened to pay irregular migrants a “one-way ticket” from Hungary to the Belgian capital. On Friday, State Secretary Bence Rétvári held a press conference to present a row of buses that would be presumably used in the operation, with illuminated signs reading “Röszke-Brussels.” He said the transport would be offered “voluntarily” and “free of charge.”
ADVERTISEMENT“If Brussels wants illegal migrants, Brussels can have them,” Rétvári said.
Meanwhile, Budapest has demanded to recover €2 billion from the bloc’s coffers, an amount the country claims it has spent since 2015 to protect its internal borders. The Commission does not recognise the figure as refundable.
The bussing row is taking place in parallel to a dispute over Hungary’s recent decision to extend its National Card scheme to Russian and Belarusian citizens, which the Commission warns could pose a threat to the “entire” Schengen Area.
