No. 437 “Poland, Hungary and the Czech Republic violate EU Law by failing to fulfill their obligation to relocate migrants”

Bulletin of the Institute for Western Affairs ed. 17(437)/2020, dr hab. Magdalena Bainczyk, dr Agata Kałabunowska, “Poland, Hungary and the Czech Republic violate EU Law by failing to fulfill their obligation to relocate migrants”

On April 2, 2020, the Court of Justice of the European Union delivered a judgment in a case against Poland, Hungary and the Czech Republic referred to it by the European Commission in connection with a refugee relocation procedure proposed in 2015. The judgment prohibits the Member States from invoking their right to maintain public order and safeguard national security to justify limitations on the application of EU law in the area of freedom, security and justice. Measures taken in the exercise of this right are subject to scrutiny by the EU institutions - the Commission and the CJEU. The judgement reflects the key structural issue faced by the EU. Whereas the Union is empowered to pass secondary legislation, including decisions, it is not responsible for its implementation in individual Member States or for the social, economic and cultural consequences of such implementation. In addition, the responsibility to the citizens for ensuring law and order in individual Member States rests with the national political parties holding power in their respective states.