Hungary: Judicial ‘no’ to Orban’s appeal against European rule of law

Its Constitutional Court Of Hungary rejected today, Friday (10/12) the appeal of the government of the prime minister Victor Orban against a decision of the Court of The European Union on immigration policy, as reported by the French Agency (AFP).

The Constitutional Court ruled that “Has no jurisdiction to challenge the judgment of the Court of Justice of the European Union, nor to examine the question of the supremacy of European law.”

The government of nationalist Victor Orban had asked the Constitutional Court to consider Judgment of the Court of Justice of the European Union of December 2020 which had convicted Hungary of violating the right to asylum. A previous ruling by the Polish Constitutional Court in October ruled that certain parts of European law were unconstitutional. When the EU appealed the decision of the Polish Constitutional Court, Victor Orbσεn welcomed it and called on European institutions to “respect the sovereignty” of the 27 Member States of the Union.

“The Constitutional Court did not give the government what it wanted”

The Helsinki Commission welcomed today’s decision of the Hungarian Constitutional Court. “The Constitutional Court did not give the government what it wanted. “The situation is clear: the ruling of the Court of Justice of the European Union must be implemented and the inhuman treatment of asylum seekers must stop,” the organization said in a statement, according to the APE-MPE.

The European Commissioner for Justice Didier Render had, during a visit to Budapest in November, denounced the Budapest appeal as “inadmissible” and the European Commission initiated proceedings for “disrespect” to the rulings of the Court of Justice of the European Union.

The issue of the decision of the Constitutional Court of Hungary was previously covered today by the Reuters agency, which broadcast that “Hungary has the right to implement its own measures in areas where the European Union has not taken the necessary measures to jointly apply European rules “.

The court was hearing an objection from the government of nationalist Viktor Orban to a ruling by the European Court of Justice that ruled that Budapest had violated European law on the protection of refugees by deporting them to the Serbian border. In its ruling, the Hungarian Constitutional Court clarifies that it “did not consider” the issue of the supremacy of European over Hungarian law in relation to the Hungarian government’s immigration policy, Reuters reported.