|Author (Corporate)||Cardiff EDC|
|Series Details||C-715/17, C-718/17, C-719/17|
|Content Type||News, Overview|
Judgment from the Court of Justice of the European Union (CJEU) on the application of the temporary mechanism for the relocation of applicants for international protection by Poland, Hungary and the Czech Republic.
In September 2015, the Council of the European Union adopted a set of Decisions relating to relocation of applicants for international protection, as a result to an emergency situation linked to the arrival of third-country nationals in Greece and Italy - one of the main elements of the so-called migration crisis affecting Europe). Poland indicated in December 2015 that 100 persons could be relocated to its territory but this never materialized, nor the country made any other commitment. Hungary never indicated a number of persons who could be relocated to its territory. The Czech Republic indicated in February and May 2016 that 50 persons could be relocated, but only 12 persons were actually moved from Greece and there was no further relocation commitment.
The European Commission referred these countries to the CJEU in March 2018 following the respective infringement procedure. Opinions by the Court's Advocate-General were issued on 31 October 219. On 2 April 2020, the CJEU decided that, by refusing to comply with the temporary mechanism for the relocation of applicants for international protection, the three countries failed to fulfil their obligations under EU law. The Court argues that those Member States can rely neither on their responsibilities concerning the maintenance of law and order and the safeguarding of internal security, nor on the alleged malfunctioning of the relocation mechanism to avoid implementing that mechanism.
|Subject Categories||Justice and Home Affairs, Law|
|Subject Tags||Asylum | Refugees, EU Law, Migration | Immigration|
|Keywords||CJEU Judgments, European Migrant Crisis [2015-2019]
|Countries / Regions||Czechia, Hungary, Poland|
|International Organisations||European Union [EU]|