Even in the case of the most confrontational governments, the rotating EU presidency has functioned as a kind of six-month truce. A period to put aside differences and row in favour of the common European interest. Viktor Orbán’s radical right-wing government has completely destroyed this tradition: since taking the reins of the EU Council on 1 July, it has rapidly intensified its defiance of Brussels and the rest of the EU partners.
First there was the self-proclaimed “peace mission,” during which Orbán arrived by surprise in Moscow and Beijing to meet with the Vladimir Putin And Xi Jinping. A tour in which the Hungarian also went Donald Trump at his Mar-a-Lago residence and in which he defended positions contrary to the official EU line on the war in Ukraine. As a retaliation, the President of the Commission, Ursula von der Leyendecided to boycott presidential meetings in Budapest, while Borrell moved to Brussels a meeting of foreign ministers that was due to be held in the Hungarian capital at the end of August.
Far from being intimidated, the Hungarian Prime Minister redoubled his fight against Brussels this week on one of the most burning issues on the European agenda: the migration crisis.
Hungary is refusing to pay the fine imposed by the Court of Justice in Luxembourg (CJEU) for non-compliance with asylum rules and is threatening to mobilise a fleet of buses to send irregular migrants to Brussels. A provocation orchestrated by a member of the second echelon of government, State Secretary Bence Rétvári, who gave a press conference last weekend with the migrant buses in the background.
The origin of The penultimate conflict between Brussels and Budapest is in the 200 million euro fine that the CJEU imposed on Hungary last June for failure to comply with European asylum law. The Orbán government is unlawfully restricting access to the asylum procedure and expelling migrants without respecting the guarantees required in the return procedure, according to the judgment. The penalty continues to increase at a rate of one million euros per day until the situation is corrected. “It is scandalous and unacceptable”complained the Prime Minister.
Since then, Budapest has not only failed to take any steps to align its national legislation with EU law, but has also refused to pay the fine. The first deadline for paying the €200 million has already expired and the EU executive has sent a second payment notification, with a new deadline of 17 September. If Hungary ignores it again, Brussels will deduct the amounts due from the structural funds granted to the country.
The Orbán government’s retaliation consisted precisely in announcing the sending of buses loaded with migrants to Brussels, with a one-way ticket but no return. “If the EU forces Hungary to admit illegal immigrants, Hungary will offer them free transport to Brussels”said his state secretary. The senior official criticized the EU for attacking Hungary instead of compensating it for its border protection efforts. According to their data, Hungarian border police have prevented up to a million irregular entry attempts since 2015.
“Migration is a factor of disintegration. In Italy and other countries that have decided to allow the entry of many migrants, you have a problem. You have difficulties in managing how to live with them. It is a serious problem. But there are other countries that ‘We have never let them in, so we have no migrants, zero,'” Orbán himself said last weekend during his speech at the Ambrosetti forum.
Hungarian Prime Minister Viktor Orbán during his speech at the Ambrosetti Forum last weekend
The Hungarian Prime Minister calls for an opt-out for countries that do not want to follow the EU’s common migration policy. “If Italy or other countries want to live with migrants, they should be able to do so. But in Hungary, we consider it too risky because of concerns about terrorism, public security and social burdens,” he says.
As expected, Hungary’s dramatization of the migrant buses has sparked a heated controversy in Belgium, which already suffers from significant migration pressure problems.East a provocation that contradicts European obligations“Migration policy is a common challenge that must be addressed in an orderly and united manner by all Member States,” declared its Minister of Foreign Affairs, Hadja Lahbibwho is also a candidate for the post of Commissioner in Ursula von der Leyen’s new team. Several pools assign her the Interior and Migration portfolio.
The EU executive itself also criticised Hungary’s announcement on Tuesday. “As for the announcement by the Hungarian authorities that they will transport irregular migrants from the Hungarian border with Serbia to Brussels, it is unacceptable. This measure, if implemented, would constitute a flagrant violation of EU law, but also of the principle of sincere and loyal cooperation and mutual trust. Furthermore, it would undermine the security of the Schengen area as a whole,” said Interior Ministry spokeswoman Anitta Hipper.
“For all these reasons, the Commission is in contact with the Hungarian authorities to ensure that this action will not take place and that Hungary will refrain from it. We are also in contact with neighbouring countries and with the specialised justice and home affairs agencies (Eurojust and Europol). We are ready to use all our powers to ensure that EU law is respected” said the spokesman.
The German case
However, another front parallel to that of Hungary has opened up to the Community executive with the announcement by Germany that it would re-establish border controls with all its neighbouring countries in order to stop the arrival of irregular migrants. The coalition government of the traffic lights (socialists, greens and liberals) notified Brussels this Tuesday of the new controls, which affect the land borders with France, Luxembourg, the Netherlands, Belgium, Denmark and Austria, and which will have an initial duration of six months.
Germany’s announcement has raised concerns among some neighbouring countries, such as Austria and Luxembourg, which have also announced that they will strengthen their own controls. The Commission acknowledges that in this case has no power to limit the reintroduction of border controls.
“According to the Schengen Borders Code, Member States may reintroduce controls at internal borders in order to address a serious threat to public policy or internal security, where this is necessary and proportionate,” the spokesperson simply noted.
