A sign pasted onto the border fence on the Hungary-Serbia borderline warns refugees that damaging the fence is a criminal offence at Roszke, Hungary, September 2, 2016. Picture taken September 2, 2016. REUTERS/Laszlo Balogh

LUXEMBOURG (Reuters) - The European Union’s top court dismissed complaints on Wednesday by Slovakia and Hungary about EU migration policy, upholding Brussels’ right to force member states to take in asylum seekers.

In the latest twist to a divisive dispute that broke out two years ago when over a million migrants poured across the Mediterranean, the European Court of Justice found that the EU was entitled to order national governments to take in quotas of mainly Syrian refugees relocated from Italy and Greece.

“The court dismisses the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers,” the Luxembourg-based court said in a statement.

“The mechanism actually contributes to enabling Greece and Italy to deal with the impact of the 2015 migration crisis and is proportionate.”

The programme set up by the executive European Commission was approved by majority vote of member states in the face of opposition from formerly communist countries in the east who said their societies could not absorb mainly Muslim immigrants.

It provided for the relocation of up to 160,000 people, but only some 25,000 have so far been moved.</s>LUXEMBOURG: The EU's top court on Wednesday threw out a challenge from Hungary and Slovakia against a quota scheme by Brussels to force member states to admit thousands of asylum seekers.

The European Union approved the controversial scheme two years ago amid Europe's worst migrant crisis since World War II but Hungary and Slovakia went to court to block the plan, backed by other eastern member states.

The European Court of Justice said: "The Court dismisses the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers."

In rendering its verdict, the court upheld the right of EU institutions to "respond effectively and swiftly to an emergency situation characterised by a sudden inflow of displaced persons."

It also held that the European Council, the body gathering the member states, "was not required to act unanimously when it adopted the contested decision."

It was referring to the decision in Brussels to relocate 120,000 Syrian and other asylum seekers from overstretched Greece and Italy to most of the other 28 EU member states. It is part of a scheme to relocate a total of 160,000 asylum seekers.

Officials in Brussels have argued the scheme is legally binding on member states, including those who voted against the quotas like Hungary, Slovakia, the Czech Republic and Romania.

Poland initially supported the plan but has come out strongly opposed since a right-wing government came to power weeks later.

The court statement said that Poland intervened in support of Hungary during the proceedings, while the executive European Commission, along with Greece, Italy, Germany, Sweden and several other member states, backed the relocation plan.

Eastern European member states opposed the plan, saying they were not equipped to integrate people from mainly Muslim countries.

Brussels launched the relocation scheme in September 2015, the year more than one million migrants arrived in Europe by sea.

It was introduced as an exception to the so-called Dublin rules under which migrants must apply for asylum in the member state where they first land.

Under international and European law, countries are required to grant asylum to people fleeing war or persecution but not those classed as economic migrants.

Political pressures have eased with a decline in migrant flows.

This is partly a result of a deal the EU signed with Turkey to send back migrants in return for billions of euros in aid and for admitting asylum seekers directly from refugee camps in Turkey.</s>The European Union's top court roundly dismissed complaints on Wednesday by Slovakia and Hungary about EU migration policy, upholding Brussels' right to force member states to take in asylum seekers.

In the latest twist to a divisive dispute that broke out two years ago when over a million migrants poured across the Mediterranean, the European Court of Justice found that the EU was entitled to order national governments to take in quotas of mainly Syrian refugees relocated from Italy and Greece.

"The court dismisses the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers," the Luxembourg-based court said, adding it rejected the complaints "in their entirety".
• Hungary, Slovakia challenge of migrant plan should be dismissed: EU adviser

"The mechanism actually contributes to enabling Greece and Italy to deal with the impact of the 2015 migration crisis and is proportionate."

The program set up by the executive European Commission was approved by majority vote of member states in the face of opposition from formerly communist countries in the east who said their societies could not absorb mainly Muslim immigrants.

It provided for the relocation of up to 120,000 people, but only some 25,000 have so far been moved. A further program for resettling people directly from outside the EU has also struggled to hit targets for taking in asylum-seekers.

Diplomats had expected the ruling and believe it may lead to resuming EU talks over an emergency mechanism for exceptionally high arrivals of refugees and migrants. The issue has been stalled for more than two years and divided the bloc at a time it faces Brexit, security threats and international challenges.

"We've been waiting for this to revive talks about the EU asylum system reform," an EU diplomat said before the ruling.

The challengers from the EU's east say the obligatory relocation of asylum-seekers arriving in frontline countries like Greece and Italy via the Mediterranean undermines their sovereignty and endangers their homogenous societies.

They have said the bloc should instead control its external borders better to crack down on illegal immigration — something Brussels says it has succeeded in doing in the past two years.</s>The European Court of Justice has rejected efforts by Hungary and Slovakia to stay out of a European Union scheme meant to relocate refugees.

The court said that it had "dismissed in its entirety the actions brought by Slovakia and Hungary".

EU countries agreed in September 2015 to relocate 160,000 refugees in Greece and Italy over two years. Only around 24,000 people have been relocated so far.

The programme is considered a key part of the EU's migration policy.

Hungary and Poland voted against the plan and have refused to take part while so far Slovakia has accepted only a handful of refugees from Greece.

Human rights group Amnesty International has welcomed the ruling on the relocation of asylum seekers, saying Slovakia and Hungary have been trying to turn their countries into "refugee-free zones".

The group's EU office director, Iverna McGowan, said that "Slovakia and Hungary have tried to dodge the EU's system for solidarity, but each country has a role to play in protecting people fleeing violence and persecution".

She called on EU nations to "show solidarity with each other, and with asylum seekers who are seeking protection in Europe".

The Hungarian Helsinki Committee, an advocate for asylum seekers, urged Hungary to give refugees an opportunity to make their case for asylum.

"The lesson of the verdict is that helping people fleeing war and terror is truly a common responsibility for Europe," the group said. "Hungary needs to respect the decision of the EU court."

Besides Hungary's legal arguments against the EU plan, Prime Minister Viktor Orban's government has also made the case and the issue the focal point of its political activities since early 2015 and ahead of parliamentary elections expected in April 2018.

Hungary's position is that only its elected leaders should be able to decide who is allowed into the country. Mr Orban has said that the large influx of mainly Muslim immigrants threatens Europe's and Hungary's cultural identity.

From mid-September 2015, Hungary closed off its southern border first with Serbia and later with Croatia, with a fence protected by razor wire.

The fences have mostly stopped migrants from passing through Hungary on their way to western Europe but Hungary has also greatly reduced the chances for asylum seekers to submit applications for protection in the country.</s>EU Court Rejects Bid By Hungary And Slovakia To Avoid Taking Migrants

The European Court of Justice has dismissed a legal action by Hungary and Slovakia that challenged a European Union policy requiring them to accept refugees.

Hungarian Foreign Minister Peter Szijjarto said the ruling was "outrageous and irresponsible," the Associated Press reports, and vowed Hungary would fight any attempts to resettle migrants there without government approval.

At issue is a quota system adopted by the EU to help Italy and Greece amid the 2015 migration crisis. The European Council's decision in September 2015 provided for 120,000 people "in clear need of international protection" to be relocated from Italy and Greece to other EU member states.

Hungary and Slovakia asked the court to annul the decision.

"We fully respect the verdict of the European Court of Justice," Slovakian Prime Minister Robert Fico told outlets including the AP. But he said his government still is not happy with the relocation plan, which he and others from Eastern Europe see as being imposed on their countries by non-elected EU bureaucrats.

The EU Commission is pursuing an "infringement procedure" against Hungary, Poland and the Czech Republic for failing to accept refugees. Slovakia has recently agreed to accept a few refugees, so it's not included in that action.

Polish Prime Minister Beata Szydlo told the AP that though she was not surprised by the decision, it "absolutely does not change the position of the Polish government with respect to migration policy."

The EU's relocation plan — which expires on September 26 — has not been fully executed, in no small part because of some member states' reluctance to accept migrants.

As Deutsche Welle reports, "Only 24,000 ... refugees from Greece and Italy have been transferred to other states. ... Under the policy, Hungary is required to take in 1,294 refugees and Slovakia 902."

It's not clear what consequences there will be, if any, for member states that refuse to take in migrants.

"Given the tense politics of internal solidarity, it might make more sense for the commission to avoid insisting on the commitment, having made its point," Elizabeth Collett, the European director of the Migration Policy Institute, told The New York Times. "Few E.U. member states have actually met their relocation quota, and most were just a lot more passive about it."

"Today's ruling shows that no country can hide from their responsibilities to refugees," Iverna McGowan, Director of Amnesty's European Institutions Office, said in a statement. "Slovakia and Hungary have tried to dodge the EU's system for solidarity, but each country has a role to play in protecting people fleeing violence and persecution."

The UN's migration agency reports that 125,860 migrants and refugees entered Europe by sea so far this year. That's less than half the number who arrived during the same time period last year. The agency estimated that 2,537 people have died in 2017 attempting to make the Mediterranean crossing.

In March 2016, the EU made a $7.1 billion deal with Turkey to have that country help alleviate the flow of migrants to EU nations, making Turkey essentially a refugee buffer zone, as NPR's Lauren Frayer reported at the time.

EU Migration Commissioner Dimitris Avramopoulos said on Wednesday that arrangement "continues to work and deliver results," the AP reports.</s>The European Union’s top court on Wednesday rejected legal action by Hungary and Slovakia to avoid accepting refugees under an EU scheme, a decision seen as a victory for countries bearing the greatest burden of Europe’s migrant wave.

 

 In a long-awaited ruling, the European Court of Justice said that it had “dismissed in its entirety the actions brought by Slovakia and Hungary.”

 

 EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 27,700 people have been moved so far. Hungary and Slovakia were seeking to have the legally binding move annulled.

 

 Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.

 

 The refugee scheme was adopted by the EU’s “qualified majority” vote – around two thirds – and the ECJ held that this was appropriate, saying the EU “was not required to act unanimously” on this decision.

 

 The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including “the lack of cooperation on the part of certain member states.”

 

 Slovakian Prime Minister Robert Fico said he respected the court decision, but that his government still does not like the relocation scheme, which some see as a system of quotas imposed on countries by unelected EU bureaucrats in Brussels.

 

 “We fully respect the verdict of the European Court of Justice,” Fico told reporters, adding that his country’s negative stance on the relocation plan “has not changed at all.”

 

 Fico said the scheme was a temporary solution. He says he believes his country doesn’t face any sanctions from the EU over its stance. EU officials say the relocation of eligible asylum-seekers in Greece and Italy will continue even after the scheme ends.

 

 Germany’s foreign minister welcomed the ruling. Sigmar Gabriel said he expects all EU countries to implement the decision “without further hesitation.”

 

 Gabriel said the ruling confirms that the solidarity measure approved by EU leaders is not just in keeping with European values but also adheres fully to European law. He said “solidarity is not a one-way street.”

 

 Human rights group Amnesty International welcomed the ruling, saying Hungary and Slovakia had been trying to turn their countries into “refugee-free zones.”

 

 The Hungarian Helsinki Committee, an advocate for asylum-seekers, urged Hungary to give refugees an opportunity to make their case for asylum.

 

 “The lesson of the verdict is that helping people fleeing war and terror is truly a common responsibility for Europe,” the group said. “Hungary needs to respect the decision of the EU court.”

 

 Beside Hungary’s legal arguments against the EU plan, Prime Minister Viktor Orban’s government has also made the case and the issue the focal point of its political activities since early 2015 and ahead of parliamentary elections expected in April 2018.

 

 Hungary’s position is that only its elected leaders should be able to decide who is allowed into the country. Orban has said that the large influx of mainly Muslim immigrants threatens Europe’s and Hungary’s cultural identity.

 

 From mid-September 2015, Hungary closed off its southern border first with Serbia and later with Croatia, with a fence protected by razor wire. The fences have mostly stopped migrants from passing through Hungary on their way to Western Europe but Hungary has also greatly reduced the chances for asylum-seekers to submit applications for protection in the country. [AP]</s>BUDAPEST, Hungary (AP) — The European Court of Justice on Wednesday rejected efforts by Hungary and Slovakia to stay out of a European Union scheme to relocate refugees.

The court said that it had “dismissed in its entirety the actions brought by Slovakia and Hungary.”

EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 24,000 people have been moved so far. Hungary and Slovakia were seeking to have the decision annulled.

Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.

The refugee scheme was adopted by the EU’s “qualified majority” vote — around two thirds — and the ECJ held that this was appropriate, saying the EU “was not required to act unanimously” on this decision.

The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including “the lack of cooperation on the part of certain member states.”

Human rights group Amnesty International welcomed the ruling, saying Hungary and Slovakia had been trying to turn their countries into “refugee-free zones.”

The Hungarian Helsinki Committee, an advocate for asylum-seekers, urged Hungary to give refugees an opportunity to make their case for asylum.

“The lesson of the verdict is that helping people fleeing war and terror is truly a common responsibility for Europe,” the group said. “Hungary needs to respect the decision of the EU court.”

Besides Hungary’s legal arguments against the EU plan, Prime Minister Viktor Orban’s government has also made the case and the issue the focal point of its political activities since early 2015 and ahead of parliamentary elections expected in April 2018.

Hungary’s position is that only its elected leaders should be able to decide who is allowed into the country. Orban has said that the large influx of mainly Muslim immigrants threatens Europe’s and Hungary’s cultural identity.

From mid-September 2015, Hungary closed off its southern border first with Serbia and later with Croatia, with a fence protected by razor wire. The fences have mostly stopped migrants from passing through Hungary on their way to Western Europe but Hungary has also greatly reduced the chances for asylum-seekers to submit applications for protection in the country.</s>BUDAPEST, Hungary (AP) - The European Court of Justice says it has rejected efforts by Hungary and Slovakia to stay out of a European Union scheme meant to relocate refugees.

The court said Wednesday that it had "dismissed in its entirety the actions brought by Slovakia and Hungary."

EU countries agreed in September 2015 to relocate 160,000 refugees in Greece and Italy over two years. Only around 24,000 people have been relocated so far.

The program is considered a key part of the EU's migration policy.

Hungary and Poland voted against the plan and have refused to take part, while so far Slovakia has accepted only a handful of refugees from Greece.</s>European Union divisions over migration were brutally laid bare today after the EU’s top court ruled that member states would be forced to accept thousands of asylum seekers under a compulsory quota system.

“Politics has raped European law and values,” Peter Szijjarto, Hungary’s foreign minister, told a news conference. “The Hungarian government considers today’s decision by the European court to be appalling and irresponsible.”

The European Court of Justice dismissed Hungary and Slovakia’s legal challenge to the quota system, which was devised at the height of the migration crisis two years ago to relocate thousands of refugees in under-pressure Greece and Italy across the EU. Thanks to its opt-out on EU asylum policy, Britain is exempt from the scheme.

Hungary and Slovakia, with the support of other eastern member states, went to the court to block the EU decision to relocate 120,000 Syrian and other asylum seekers. Hungary, which faced international criticism after erecting controversial fences on its border with Serbia and Croatia, has refused to take in a single asylum seeker under the scheme.

Beata Szydlo, the Polish prime minister, who, like Hungary’s Viktor Orban, is a steadfast opponent of the quota plan said: “We expected this decision. However, this does not change the position of the Polish government on migration policy.”

Peter Susko, a Slovakian foreign affairs spokesman, told The Telegraph that Slovakia respected the court’s decision but maintained the quota policy was flawed.

“We retain the opinion, however, that the so-called relocation compulsory quotas failed to work in real life as proven by only about 16 per cent of the original number of migrants relocated so far,” he said.

The EU’s Migration Commissioner Dimitris Avramopoulos was asked if the compulsory quotas could be replaced with voluntary ones.

“It is mandatory my dear friend,” he told one reporter before adding that accepting the refugees was the right thing to do legally and morally.

“Member states should show solidarity now becuase it is clear that some member states need solidarity now,” he told a press conference in Brussels after the ECJ decision was announced.

Mr Avramopoulos, who is Greek, warned that if Hungary and other countries continued to refuse to accept refugees, they would be referred to the European Court of Justice for breaches of EU law. Such cases can result in large, daily fines.

Since its introduction in September 2015, the quota system has fallen short of reaching its 120,000 target. So far only 25,000 refugees have been moved.

The quota system was backed by a majority of EU leaders sitting in the European Council in 2015 but Hungary, Slovakia, the Czech Republic and Romania opposed the plan, arguing they were not equipped to integrate people from mainly Muslim countries.

EU judges ruled that even those countries that voted against the plan were bound by law to implement the quota scheme.

Poland initially supported the mandatory quotas but its new right-wing government, is against it and intervened in the court battle on Hungary and Slovakia’s behalf.

The European Commission, Greece, Italy, Germany, Sweden and several other EU countries backed the plan in court.

Hungary’s defeat is the latest twist in an increasingly testy relationship between Viktor Orbán and Jean-Claude Juncker, the president of the European Commission, which slapped Hungary with a lawsuit for ignoring the quota system. Mr Orbán, Hungary’s prime minister, earned himself a scolding from Mr Juncker after he demanded EU cash for border security to keep out migrants. In a letter this week, Mr Juncker told Mr Orbán that solidarity was “a two-way street” and itemised all the EU cash Budapest was offered to help deal with migration. Mr Orbán called a controversial referendum on the quota system in October last year. Although the turnout was so low that the result was declared invalid, 98 per cent of those who did vote rejected the system. The quota scheme was planned as an exception to the “Dublin” rules that mean migrants must apply for asylum in the first EU member state they arrive. Commissioner Avramopoulos said that once the quotas had been filled the scheme would not be renewed. Migration flows have decreased since the height of the crisis. This is in part because of a deal the EU signed with Ankara to send back migrants in return for billions of euros in aid and for taking asylum seekers directly from refugee camps in Turkey. On migration , most EU publics want decisions made by their governments , not EU On migration , most EU publics want decisions made by their governments , not EU</s>Brussels will push ahead with the compulsory quota system to relocate thousands of refugees in Italy and Greece across the European Union, after the EU’s top court today dismissed Hungary and Slovakia’s effort to torpedo the scheme.

The mandatory system forces EU member states to take in a set number of asylum seekers and was devised at the height of the migration crisis two years ago. Britain has an opt-out on EU asylum policy and is not part of the scheme.

The European Commission plan to relieve under-pressure Italy and Greece was backed by a majority of EU leaders in the European Council.

Hungary and Slovakia, with the support of other eastern member states, went to court to block the decision to relocate 120,000 Syrian and other asylum seekers. The quota scheme is part of an effort to relocate 160,000 refugees.

Hungary, which faced international criticism after erecting controversial fences on its border with Serbia and Croatia, has refused to take in a single asylum seeker. Ahead of today’s ruling Budapest demanded the European Commission pay about €400 million to cover its border management costs.
The European Court of Justice dismisses complaints by Slovakia and Hungary about EU migration policy, upholding Brussels’ right to force member states to take in asylum seekers.