The EU court ordered Hungary to pay a fine of two hundred million euros for violating EU immigration policy. According to constitutional lawyer Zoltán Lomnici Jr., the judgment shows that the EU power elite is unable to accept the Hungarian government's and the Hungarian people's strong and clearly rejecting position on migration.

Our paper also reported that the Court of Justice of the European Union ordered Hungary to pay two hundred million euros (about eighty billion forints) because, according to its claim, it does not respect EU legislation.

In its judgment announced on Thursday, the Luxembourg-based court of the European Union also ordered Hungary to pay a fine of one million euros for each day of delay in complying with the regulations, as it failed to comply with the provisions of the Reception Conditions Directive and the Return Directive in December 2020. contained in his judgment.

According to the reasoning of the Court of the European Union, the Hungarian government did not comply with the EU asylum rules and violated EU law with the created transit zones, said to the Magyar Nemzet , jr. Zoltán Lomnici is a constitutional lawyer. He put it like this:

In fact, the Court of Justice of the European Union also represents the position of Brussels, and it is ultra vires, as usual from the leading bureaucrats of the EU institutions, and is trying to force Hungary to let in the migrants, using the means of the law, by exceeding its powers. They are doing this because our country refuses to bow to the decisions of Brussels, which would unleash illegal immigrants and create migrant ghettos in the country

- added the legal expert of Századvég.

According to Zoltán Lomnici Jr., the EU power center essentially blackmails our country with this legal instrument, specifically, it exerts strong political coercion on Hungary through the imposed heavy fines.

In this case, Brussels blackmail is a threat that, by making especially compromising or slanderous claims, is meant to prevent our country from being able to apply the provisions contained in its own constitution and constitutional laws in a free, sovereign manner - and legally.

At the same time, Brussels also manipulates, deploying a method that is deliberately used by the judicial-technocrat machine in order to be able to control or even more directly influence the thinking of national politicians through power or some kind of influence relationship - EU proposals, pressures - and, ultimately, the governments of the member states decisions and actions

the expert continued.

- Since the EU power elite is unable to accept the Hungarian government's and the Hungarian people's strong and clearly rejecting position on migration, Brussels would now make the Hungarian people pay two hundred million euros, as well as a penalty of one million euros for each day of the delay.

The court, like all member state courts, should deliver justice, and apply the tools of the law without partiality or political influence, pointed out jr. Lomnici. According to him, the Basic Law of Hungary is clear, and the Constitutional Court has also taken a position several times regarding the settlement of a foreign population on the territory of our country.

The basic law states: In order to participate in the European Union as a member state, Hungary may, on the basis of an international treaty, exercise certain powers arising from the basic law jointly with the other member states, through the institutions of the European Union, to the extent necessary for the exercise of the rights arising from the founding treaties and the fulfillment of obligations. The exercise of powers according to this paragraph must be in accordance with the basic rights and freedoms contained in the Basic Law, and may not limit Hungary's inalienable right to dispose of its territorial unit, population, form of government and state organization.

According to the constitutional lawyer, although the primacy of EU law is generally recognized, there are exceptions. If the enforcement of the exercise of joint competence is incomplete, Hungary is entitled to exercise the given, non-exclusive EU competence, in accordance with the presumption of reserved sovereignty, until the EU institutions take the necessary measures for the effective enforcement of the exercise of joint competence. If this leads to consequences that raise the infringement of the right to self-identity of the people living in the territory of the country, the Hungarian state is obliged to ensure the protection of this right within the framework of its obligation to protect institutions, the expert stated.

The law of the European Union can establish a generally binding rule of conduct only and exclusively within this framework.

What can our country do against the decision?

The European Commission (EC) or another member state may initiate infringement proceedings against a member state that does not fulfill its obligations under EU law. If the Court of Justice of the European Union establishes a breach of obligations, the member state concerned must comply with the provisions of the judgment as soon as possible, said Mr. Zoltán Lomnici.

The constitutional lawyer noted that the most flagrant violation of procedural rules can be observed in the discretion of the court. It is a fundamental condition that, in exercising its discretion, the court must in every case determine the coercive fine in such a way that it meets the circumstances on the one hand, and is proportionate to the established breach of obligation and the ability to pay of the Member State concerned on the other hand.

- The 70-fold over-expansion at the request of the European Commission cannot meet these requirements in any way - he emphasized.

The judgment that has just been issued is therefore unfounded and unacceptable in many parts, and suggests that it exceeds its authority, and even suggests arbitrariness.

We can find plenty of examples of similar cases from the past period. It is worth mentioning the decision of the German Federal Constitutional Court on May 5, 2020, in which the forum of constitutional judges classified a previous decision of the Court of Justice of the European Union as ultra vires, i.e. arbitrary and exceeding its powers, stating that it does not apply in Germany.

MTI Photo: Sándor Ujvári