In response to the €1 million daily fine imposed on it for its strict migration policy, Hungary is filing a suit against the decision of the Court of Justice of the European Union (CJEU).
György Bakondi, the prime minister’s chief advisor on internal security, has criticized the CJEU’s ruling, which Hungary is in violation of, stating: “If applications were to be assessed after entry, nothing would prevent migrants from being absorbed into the EU without waiting for the outcome,” further calling the ruling “a clear call to allow illegal immigrants in.”
The suit has its detractors, with attorney Tamás Hoffman saying on Klubrádio that the idea was legally absurd, and that he believed it was probably just a political action, writes Mandiner.
Meanwhile, constitutional lawyer Zoltán Lomnici Jr. told the portal that Hungary was essentially left with no other choice. “The judgments of the Court of Justice of the European Union are final and cannot be challenged by direct legal remedy before the General Court of the European Union or any other forum,” he said, adding that no appeal or annulment is possible per the EU Treaties.
However, Hungary can file a lawsuit for damages against the European Union. That is, it can’t sue the CJEU, but it can sue the EU “as a legal entity, for compensation for alleged damage caused in connection with the activities of the EU institutions,” Lomnici says.
According to him, Lomnici, Article 268 of the Treaty on the Functioning of the European Union states that the CJEU has jurisdiction in disputes over damages, and the EU can be ordered to compensate for damage caused by its institutions or servants, including the CJEU.
Still, even if the EU accepts the claim, “the European Commission can significantly influence the course and outcome of the trial through political means,” says the constitutional lawyer.
In the EU court system, the institutional weight and the negotiating, legal and political resources of the Commission are an advantage over a Member State claimant. “The Commission has the ability to provide a framework, both formally and informally, for the court to interpret the situation,” says Lomnici.
As an example, Lomnici cites how the EC called on Warsaw to comply with the migration pact’s provisions as early as March 2025, threatening to otherwise initiate proceedings against it.
“This case clearly illustrates that the Commission is able to formally set a precedent and provide a political framework for a potential court case. This indirectly influences the narrative and decision-making context perceived by the CJEU,” he said.
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