The Hungarian government’s firm position is that immigrants’ applications should be processed outside the EU border, as it is practically impossible to deport them once they enter if they are not eligible for protection. Based on this principle, the government established transit zones at the southern border and even within the country that were open towards Serbia. It also provided for the care of immigrants. However, the European Court of Justice (ECJ) deemed this solution contrary to EU law, as it considered the accommodation to constitute the detention of asylum seekers. Subsequently, the government closed the transit zones and allowed the admission of refugee applications at the border only if the immigrant had previously made a declaration of intent at the Hungarian embassy in Kyiv or Belgrade, allowing the embassy to issue an entry permit. The ECJ also deemed this solution illegal. In summary, the ECJ argues that Hungary is not showing solidarity with other member states in refugee matters, is trying to circumvent EU legislation, and is committing a breach of obligations. Therefore, the ECJ imposed a one-time fine of 200 million euros on Hungary, which increases to one million euros per day until Hungary harmonizes its migration-related legislation with the EU. The current situation is untenable, as several countries have reintroduced internal border controls, limiting the free movement of immigrants within the EU, a restriction for which Hungary has been penalized by the ECJ.
Meanwhile, Italy, presumably in consultation with the EU leadership, has set up two reception camps in Albania. In Shengjin on the coast, immigrants undergo identification and health checks. I am curious how the identification of those arriving without documents will be done within the planned 24 hours. This camp is visibly enclosed by a high fence.
In Gjader, the camp is divided into three sections. One houses those entitled to asylum, another houses those to be deported, and the third is a prison for criminals. The camp is surrounded by a 5-meter high fence reinforced with barbed wire. Approximately 30,000 people can be housed in the two camps per year. According to Giorgia Meloni, the Italian Prime Minister, this accommodation and processing method could serve as an example for other EU member states as well. The photo clearly shows that this camp is a prison, making the detention status undeniable. I am also curious about the deportations, as many countries do not accept back their citizens, especially if they do not have any documents.
The Hungarian transit zone model and the Italian model in Albania agree on the basic principle that only those who have received prior permission can enter the EU. The difference lies in the accommodation of immigrants. While the containers in the transit zone were open towards Serbia, the accommodation in Gjader is prison-like. I pose the question: if the ECJ interpreted the transit zone as detention, what does the one in Albania qualify as? The other Hungarian solution is similar to the Italian one in that applications must be submitted at consulates, outside the EU, and only those who have received permission can enter the EU. The difference between the Hungarian and Italian models is that the Hungarian models do not involve the task of deportation, and in the case of applying at embassies, there is no obligation for accommodation either. The costs of these alternatives are immense! I note that immigrants have money for hotel accommodation since they spend thousands of euros to illegally cross the EU border.
I believe that the issue must be raised at the appropriate forum within the EU that contradictory legal interpretations cannot arise in the case of the same facts. The commonality in the two Hungarian and Italian models is that entry into the EU can only be made with permission! Declaring and acknowledging this guiding principle would be a fundamental requirement in immigration policy. In summary, it is unsustainable that while G. Meloni, the Italian Prime Minister, offers the Italian model to other member countries, Hungary is being penalized by the ECJ for its Hungarian models, which operate on the same basic principle.
October 20, 2024,
Bartha Pál, former forester
Telki
