The Hungarian Constitutional Court affirms the superiority of national law over the EU Court of Justice over migrants
Today the Hungarian Constitutional Court ruling declared that Hungarian migration laws take precedence over EU law.
This decision focuses exclusively on the law relating to migrants. A majority of Hungarians support EU membership, and want Budapest to remain committed to the Community
The Constitutional Court has clarified Hungary has the right to choose who it has to live with on its territory, and migration endangers, according to the government, the very dignity of the nation.
The European Court of Justice had condemned Hungary for the refoulement of migrants for preventing them from entering the country. According to the Court of Justice, migrants have the right to enter and stay in Hungary, even if their asylum applications have not yet been examined by the Hungarian authorities.
Following the ruling of the European Court of Justice, Hungary had abolished the transit zones, where migrants were kept waiting for the asylum application to be examined, but the Orban government had appealed to its own supreme court. The Constitutional Court has held that Hungary exercises part of its sovereignty jointly with the EU, but if EU policies fail to protect the rights of Hungarian citizens, then it is up to Hungary until the EU takes the necessary measures.
The court's decision recognizes the ethnic composition of the population of
a country, as it has evolved over the course of history, as well as the socio-environmental factor, as values and integral parts of the fundamental rights of the citizens of a country.
Hungary joins Poland and Germany, countries in which the constitutional courts have opposed the orders of the Court of Justice of the EU, affirming, if only in limited areas, the superiority of national law over EU law.
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The article The Hungarian Constitutional Court affirms the superiority of national law over the EU Court of Justice over migrants comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/la-corte-costituzionale-ungherese-afferma-la-superiorita-del-diritto-nazionale-sulla-corte-di-giustizia-ue-sui-migranti/ on Fri, 10 Dec 2021 18:27:05 +0000.