Luxembourg/Brussels/Prague, Oct 31 (CTK correspondent) – The Czech Republic, Poland and Hungary did not fulfil the duties ensuing from EU law when rejecting the refugee quotas, Eleanor Sharpston, the Advocate General of the Court of Justice of the European Union (CJEU), said in her stance today.
The Czech Republic is studying and analysing the stance, but must wait for the court’s verdict, which is binding, unlike the advocate general’s position, Prime Minister Andrej Babiš (ANO) told CTK in reaction.
“The stance of the advocate general is not binding. This is a fresh matter. The Czech Republic is currently studying and analysing this stance. In any case, it is necessary to wait for the court’s decision, which is the only one to be binding,” Babiš texted to CTK.
Sharpston said the countries sued by the European Commission could not refer to the fear for their internal security when rejecting the solidarity acceptance of migrants.
The view of the advocate general is not binding for the court, but it often goes by it in its decision-making.
EU countries introduced the programme of compulsory redistribution of migrants in 2015 with a view to alleviating the situation in Greece and Italy, which were destinations of tens of thousands of asylum seekers when the migration wave was culminating.
However, the three countries did not want to join the system, arguing that deciding on internal security affairs was solely within their own powers.
Sharpston said the system had allowed to reject the refugees who were evaluated as security risks.
As a result, the three sued EU member countries could without any problems ensure the protection of security and well-being of their citizens by rejecting concrete asylum seekers, she added.
In December 2017, the EC sued the three countries in order to enforce the EU law. Their representatives say the verdict will not have any practical meaning since it cannot ensure any remedy.
They say the programme did not work and within it, much fewer migrants were redistributed than originally assumed.
Around 29,000 persons out of the originally planned 160,000 were distributed and only five EU countries fulfilled the quotas.