On July 9th, a short video (a so-called reel) started circulating on Facebook, in which a woman claims that the European Union fined Hungary €200 million for accepting fewer refugees than required and that for each day of non-compliance, Hungary would have to pay an additional €1 million. At the beginning of the video, we hear a question: “Do you think the EU treats Georgia fairly?” to which the woman responds that she dislikes the EU and that many hidden things come with membership. She then mentions the €200 million imposed by the EU on Hungary. The video displays a logo with the caption [Ra Khdeba] “What’s happening.”
The same claim about refugees was disseminated by another Facebook account.
The information about the €200 million imposed on Hungary due to migrants is partially false. This fine was imposed on Hungary for non-compliance with a 2020 court ruling related to Hungary’s standards for accepting migrants and its inconsistency with EU directives. It is noteworthy that the EU does not set a specific number of migrants for member states to accept but has several directives that member states must consider while asylum seekers are on their territory.
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What agreement did the EU member states reach regarding migrants?
In 2020, at the request of the European Commission, the European Court of Justice deliberated on Hungary’s practices for granting international protection to asylum seekers from third countries (non-EU countries). The Commission’s appeal to the court was not based on Hungary accepting fewer migrants than required. In fact, there is a general practice for accepting migrants in the EU, but it does not obligate member states to accept migrants. EU leaders have debated for years about a new common policy on migrants, and several points of agreement were reached late last year. One of these points requires appropriate solidarity from member states, which also relates to the issue of migrants. The EU reserves the right to relocate a portion of migrants from countries with the highest influx to other member states, though any member state can refuse the offer and participate in the solidarity mechanism in other ways, such as through financial contributions.
The claim that the EU would require Georgia to accept migrants upon joining was spread in Georgia in the past as well. This was verified by the “Myth Detector,” which found that accepting migrants in the union is voluntary and decided by individual member states.
DOES THE EUROPEAN UNION OBLIGE GEORGIA TO ACCEPT REFUGEES IN CASE OF ACCESSION?
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What was the EU disputing with Hungary?
In 2020, the European Commission appealed to the court regarding Hungary’s violation of several directives, though not all were upheld. The court found violations of the following directives:
- Directive 2008/115, principles: 5, 6(1), 12(1), 13(1)
- Directive 2013/32, principles: 6, 24(3), 43, 46(5)
- Directive 2013/33, principles: 8, 9, 11
These directives do not mention an obligation for member states to accept migrants or a specific number of migrants, nor does the court ruling indicate that Hungary failed to accept a mandatory number of migrants.
In presenting its comments to the court, the European Commission mentioned “a small number of migrants accepted” only once. It was noted that only a small number of asylum seekers were allowed to enter Hungary’s transit points, thus restricting equal access to services and violating several procedures. In 2017, Hungary tightened its border protection law and expanded the criteria for declaring a migration crisis. In such cases, the country accepts fewer migrants, and these EU directives offer certain procedural reliefs to the member state, such as postponing the document collection process for a certain period, which delays the granting of international protection. In its comments, the Commission mentioned two Hungarian transit points, noting that the country was artificially restricting access to them and allowing Serbian migrants into the country based on unofficial lists, violating general procedures and deadlines.
All three directives for which the court mandated Hungary to make corrections are technical, defining common practices for asylum seekers and granting international protection for member states. None of them obligate the country to accept migrants or a specific number of migrants.
In 2024, based on a re-examination, the European Court of Justice found that Hungary regulated only the issues outlined by Directive 2013/33, which concerned the restriction of movement for asylum-seeker applicants and ensuring proper legal procedures. The country ignored the issues outlined by the other two directives and was fined for their non-compliance.
According to a press release issued by the European Court of Justice, Hungary deliberately seeks to avoid EU policies, which is an “unprecedented” and “extremely serious” violation of the law. Hungary’s evasion of these directives hampers the operation of the solidarity mechanism among member states and unevenly distributes responsibilities.
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What do the directives not complied with by Hungary entail?
According to the court’s ruling, Hungary does not act in accordance with EU directives when dealing with asylum seekers and granting international protection. The directive adopted by the EU in 2008, which Hungary failed to consider, contains information on how asylum seekers should be informed about their obligation to leave the country and what types of documents should be provided to them. It states that third-country nationals should have the opportunity to appeal the decision to return and that member states should provide legal assistance in such cases, considering the best interests of the child and so on. The directive also specifies when it is possible to deport a migrant. Articles 6 and 46(5) of the 2013 directive, which Hungary had to comply with, state that member states allow applicants to stay in the country’s territory until the expiration of the effective right to legal protection, define procedures, and clarify that third-country nationals should have equal access to various procedures.
For non-compliance with obligations, the European Court of Justice imposed a one-time fine of €200 million on Hungary. Additionally, until Hungary complies with the 2008 directive, it must pay the European Commission €100,000 daily.
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