Hungarian Constitutional Court rejects recourse of Viktor Orban against primacy of European law

The Government had asked the Court to look at a judgment in December 2020 by the Court of Justice of the European Union, which condemned Budapest for breaking the EU asylum law.

Le Monde with AFP

The Hungarian Constitutional Court rejected, on Friday, December 10, a remedy filed by the Government of the Sovereignist Prime Minister Viktor Orban against a decision of the European Union Court of Justice (CJEU) in terms of immigration. The Supreme Authority thus considers “not to be able to challenge the judgment of the CJEU, or to consider the primacy of European law”.

The Government had asked the Court to look at a judgment in December 2020 by the European Instance, which condemned Hungary for breaking the EU asylum law. This approach occurred that a judgment rendered in October by the Polish Constitutional Court made certain parts of Community law inconsistent with the constitution of the country.

Risk of financial penalties

If the EU had strongly denounced the Polish decision, Viktor Orban had legally welcomed him and called on the European institutions to respect the sovereignty of the 27 Member States of the Union. The Helsinki Committee for the Defense of Human Rights immediately congratulated the decision on Friday:

“The Constitutional Court did not give the government what it wanted. The situation is clear: the judgment of the CJEU must be applied and the inhuman treatment of asylum seekers must cease.”

The Commissioner for the European Justice, Didier Reynders, had lamented, during a visit to Budapest in November, the appeal of Hungary, the qualifying “unacceptable”, and the European Commission launched a procedure “for non-respect “judgment of the CJEU. Hungary incurs financial sanctions.

/Media reports.