Amnesty International, with its recently launched information campaign on the upcoming quota referendum, is trying to understate the gravity of the referendum. The organisation suggests that there is no substantive significance of the voters’ decision, thus encouraging absence from the vote. The human rights fundamentalist organisation, as many times before, has yet again published misleading information about the migrant crisis and the 2 October referendum. The truth is that Hungary has not transferred its constitutional and national identity to the EU, which must be respected by the EU. Thus, in regard to migration, the EU may not implement any action that would affect a Member State’s linguistic, cultural and ethnic structure. The EU, therefore, cannot impose mandatory resettlement quotas on Hungary. Based on the EU Treaties, immigration policy falls under Member State competence, and decisions within the common asylum policy must not affect the competence of a Member State in maintaining public order and safeguarding internal security. According to the above, the National Assembly after a valid and effective referendum, may take action and even impose a constitutional ban on the obligatory introduction of mandatory resettlement quotas. Thus, the Hungarian authorities would not be obliged to implement the relevant EU legal acts.
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