[Gatestone] The ruling effectively removes the sovereignty of EU member states to make their own decisions regarding the keeping of public law, order and national security in the case of EU migration policies, if those decisions conflict with EU obligations.In addition, the ruling of the court goes against evidence that migration flows into Europe do indeed constitute a real security danger that has cost European lives.
Continental Suicide Pactâ„¢
How national authorities are supposed to distinguish between actual "war refugees" and terrorists impersonating war refugees is not suggested by the Court, which appears curiously uninterested in dealing with the reality of migration.
The Court's ruling does not only contradict facts and common sense. It sends the distinct signal to foreign regimes, such as that of Turkish President Recep Tayyip Erdogan, that sending migrants to the continent for whatever purpose, even political blackmail, will be successful, because European institutions, such as the EU Court of Justice, will do their utmost to ensure that even the most rebellious EU member states, such as Poland, Hungary and the Czech Republic, will be forced to receive them.
The Court of Justice of the European Union (CJEU) has ruled that Poland, Hungary and the Czech Republic broke EU law when they refused to take in migrants under the European Union's September 2015 relocation agreement. During the 2015 migrant crisis, EU leaders agreed to relocate 160,000 migrants and refugees EU-wide, assigning each EU member state a fixed quota from the camps in Italy and Greece, where migrants and refugees were arriving in record numbers. However, the Czech Republic accepted only 12 of the 2,000 refugees assigned it, while Hungary and Poland took in none.
In 2017, the EU took Hungary, Poland and the Czech Republic to the Court of Justice of the European Union (CJEU) over that refusal to take migrants. On April 2, 2020, the CJEU ruled against the three countries. The ruling followed the October 2019 recommendation by the Court's Advocate General, legal advisor to the Court, which said that EU law must be followed and that the EU's principle of solidarity "necessarily sometimes implies accepting burden-sharing".
In its judgment, the Court dismissed the three countries' argument that they were entitled to refuse the relocation scheme based on concerns for the maintenance of law and order and the safeguarding of internal security. The Court agreed that those concerns constituted legitimate reasons to derogate from obligations of EU law[1]. However, the Court ruled that EU member states refusing to take in migrants under the relocation scheme could only legitimately do so if they proved, "following a case-by-case investigation, on consistent, objective and specific evidence that provides grounds for suspecting that the applicant in question represents an actual or potential danger"....