Judgment in Joined Cases C-643/15 and C-647/15 Slovakia and Hungary v Council

Author (Corporate)
Series Title
Series Details No.91, 2017 (06.09.17)
Publication Date 06/09/2017
Content Type

Background and further information:

In response to the migration crisis that affected Europe in the summer of 2015, the Council of the European Union adopted a decision in order to help Italy and Greece deal with the massive inflow of migrants. The decision provided for the relocation from those two Member States to other EU Member States, over a period of two years, of 120 000 persons in clear need of international protection.

Slovakia and Hungary voted against the adoption of the contested decision in the Council and asked the Court of Justice to annul the decision.

The ECJ's Advocate General argued in an Opinion released on 26 July 2017 that the Court of Justice of the European Union should dismiss the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers.

The Advocate General argued that the mechanism was actually a proportionate means of enabling member states to deal with the impact of the migration crisis.The European Court of Justice made a judgment on the 6 September 2017 in Joined Cases C-643/15 and C-647/15 brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers.

In the judgment the Court dismissed the actions brought by Slovakia and Hungary. They argued that the mechanism actually contributed to enabling Greece and Italy to deal with the impact of the 2015 migration crisis and was proportionate.

Hungary said it did not accept the judgment, while Slovakia said it would comply.

Source Link https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-09/cp170091en.pdf
Related Links
ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/
BBC News, 06.09.17: Europe migrant crisis: EU court rejects quota challenge http://www.bbc.co.uk/news/world-europe-41172638
European Parliament: Press Release, 06.09.17: ECJ ruling on refugees: no more excuses to delay transfers from Italy and Greece http://www.europarl.europa.eu/news/en/press-room/20170906IPR83203/
Conservative Home, 06.09.17: EU migration. Rudd must back May up fully in the drive to reduce it. https://www.conservativehome.com/thetorydiary/2017/09/eu-migration-rudd-must-back-may-up-in-the-drive-to-reduce-it.html
Blog: EU Law Analysis, 08.09.17: A Pyrrhic victory? The ECJ upholds the EU law on relocation of asylum-seekers http://eulawanalysis.blogspot.co.uk/2017/09/a-pyrrhic-victory-ecj-upholds-eu-law-on.html
Blog: Verfassungsblog, 08.09.17: Hungarian Constitutional Identity and the ECJ Decision on Refugee Quota http://verfassungsblog.de/hungarian-constitutional-identity-and-the-ecj-decision-on-refugee-quota/
Blog: Verfassungsblog, 07.09.17: The EU as the Appropriate Locus of Power for Tackling Crises: Interpretation of Article 78(3) TFEU in the case Slovakia and Hungary v Council http://verfassungsblog.de/the-eu-as-the-appropriate-locus/
Politico, 06.09.17: ECJ rejects Slovakia, Hungary refugee challenge http://www.politico.eu/article/ecj-rejects-slovakia-hungary-refugee-challenge/
The Guardian, 06.09.17: EU court dismisses complaints by Hungary and Slovakia over refugee quotas https://www.theguardian.com/world/2017/sep/06/eu-court-dismisses-complaints-by-hungary-and-slovakia-over-refugees
Deutsche Welle, 06.09.17: European Court of Justice dismisses eastern states' challenge to refugee quota http://p.dw.com/p/2jPQm
Euro|Topics: Debates, September 2017: Hungary and Slovakia must take in refugees http://www.eurotopics.net/en/185679/hungary-and-slovakia-must-take-in-refugees
EurActiv, 07.09.17: Orban denounces ‘violence’ of EU relocation plan http://www.euractiv.com/section/elections/news/orban-denounces-violence-of-eu-relocation-plan/
EUObserver, 08.09.17: [Opinion]: Migrant relocation ruling raises questions https://euobserver.com/opinion/138943
EUObserver, 06.09.17: Hungary and Slovakia defiant after EU court rebuke https://euobserver.com/migration/138913
EurActiv, 06.09.17: EU court says Hungary and Slovakia must accept refugees http://www.euractiv.com/section/justice-home-affairs/news/eu-court-says-hungary-and-slovakia-must-accept-refugees/
Hungary: Government: Ministry of Foreign Affairs and Trade: News, 06.09.17: The real battle is only just beginning http://www.kormany.hu/en/ministry-of-foreign-affairs-and-trade/news/the-real-battle-is-only-just-beginning
Politico, 18.09.17: Hungary: Battle over migration has only just begun http://www.politico.eu/article/hungary-battle-over-migration-has-only-just-begun/

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