CJEU Joined Cases C-715/17 / C-718/17 / C-719/17 | Commission v Poland, Hungary and the Czech Republic

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Author (Corporate)
Series Details C-715/17, C-718/17, C-719/17
Publication Date 2018-2020
Content Type ,


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.

Further information:

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.

Related Links
Commentary and Analysis
European Database of Asylum Law: CJEU - Joined Cases C 715/17, C718/17 and C719/17 Commission v Poland, Hungary and the Czech Republic, 2 April 2020 https://www.asylumlawdatabase.eu/en/content/cjeu-joined-cases-c-71517-c71817-and-c71917-commission-v-poland-hungary-and-czech-republic-2
EU Law Analysis, 27/11/2019: The Three Villains and the Lifeblood of the European Union Project – Advocate General Sharpton’s Opinion in C-715/17 (the asylum relocation mechanism) http://eulawanalysis.blogspot.com/2019/11/the-three-villains-and-lifeblood-of.html
Euro|topics, April 2020: ECJ condemns refusal to take in refugees https://www.eurotopics.net/en/238291/

The Guardian, 02/04/2020: EU court rules three member states broke law over refugee quotas https://www.theguardian.com/law/2020/apr/02/eu-court-rules-three-countries-czech-republic-hungary-poland-broke-law-over-refugee-quotas#maincontent
Euronews, 02/04/2020: Poland, Hungary and Czech Republic broke EU law by failing to accept refugees, rules ECJ https://www.euronews.com/2020/04/02/poland-hungary-and-czech-republic-breached-eu-law-by-failing-to-take-in-refugees-rules-ecj
The New York Times, 02/04/2020: E.U. Court Rules 3 Countries Violated Deal on Refugee Quotas https://www.nytimes.com/2020/04/02/world/europe/european-court-refugees-hungary-poland-czech-republic.html
EUObserver, 02/04/2020: Court: Three countries broke EU law on migrant relocation https://euobserver.com/migration/147971
RTÉ News, 02/04/2020: EU Court of Justice says Poland, Hungary & Czech Republic broke law by refusing to host refugees https://www.rte.ie/news/europe/2020/0402/1128001-eu-court-says-poland-hungary-czech-republic-broke-law/
EurActiv, 02/04/2020: Poland, Hungary and Czechia broke law over refugees relocation system, EU court rules https://www.euractiv.com/section/justice-home-affairs/news/poland-hungary-and-czechia-broke-law-over-refugees-relocation-system-eu-court-rules/1451019/
Deutsche Welle, 02/04/2020: Central European states 'broke EU law' by refusing refugees https://p.dw.com/p/3aKx0
Politico, 02/04/2020: Top court rules Warsaw, Budapest and Prague breached EU law over refugees https://www.politico.eu/article/ecj-rules-poland-hungary-and-czech-republic-breached-eu-law-over-migrants/
Radio Poland, 02/04/2020: Top EU court says Poland broke law by refusing to accept refugees https://www.polskieradio.pl/395/7785/Artykul/2485598
Bloomberg, 02/04/2020: Hungary, Poland Lose EU Court Challenge Over Refugee Quotas https://www.bloomberg.com/news/articles/2020-04-02/hungary-poland-lose-eu-top-court-challenge-over-refugee-quotas
TVN24, 03/04/2020: CJEU: Poland, Czech Rep., Hungary broke EU law by not hosting refugees https://tvn24.pl/tvn24-news-in-english/cjeu-poland-czech-rep-hungary-broke-eu-law-by-not-hosting-refugees-4535064

CJEU CURIA: Case C-715/19 | Commission v Poland (Mécanisme temporaire de relocalisation de demandeurs de protection internationale) http://curia.europa.eu/juris/documents.jsf?num=C-715/19
CJEU CURIA: Case C-718/19 | Commission v Hungary (Mécanisme temporaire de relocalisation de demandeurs de protection internationale) http://curia.europa.eu/juris/documents.jsf?num=C-718/19
CJEU CURIA: Case C-719/19 | Commission v Czech Republic (Mécanisme temporaire de relocalisation de demandeurs de protection internationale) http://curia.europa.eu/juris/documents.jsf?num=C-719/19
CJEU: Press Release, 02/04/2020: Judgment of the Court of Justice in Joined Cases C-715/17, C-718/17, C-719/17 https://curia.europa.eu/jcms/jcms/p1_2956021/en/

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