Center for Fundamental Rights

The only rational solution

In light of the recent European decision, the only rational solution is to shut down the transit zones and to keep the migrants from entering Hungary

Following the partially contradictory decisions of the European Court of Justice and the European Court of Human Rights the only rational step for Hungary is to shut down the transit zones. This, however, doesn’t mean relaxing the strict regulations pertaining to asylum and migration, nor should it. This step must come hand in hand with even more efforts to protect the borders and making sure that no migrant arriving from a safe country can submit an asylum request on the border of Hungary. The first condition for this is to accept such requests only at Hungarian embassies and consulates in neighboring non-EU countries. A further condition is to reinforce the human and physical infrastructure protecting our borders. We should assume that the migratory pressure originating from Turkey will continue to build up along the Balkan route and organizations belonging to the open society network will encourage the migrants, despite the announced steps, to try and reach the Hungarian border illegally, even to attempt a “siege” of the border.

Having said that, it is quite clear that international and EU organizations engaged in human rights fundamentalism are certain to accuse the Hungarian government of violating “European values” and “international standards” despite forcing the decision themselves as it is they who put Hungary in this difficult position. They will be shocked to see how the Hungarian government cut the Gordian knot. The European Court of Justice has been passing migrant-friendly judgments for years, constantly expanding the limits of the right of asylum. In recent months, however, they have taken decisions explicitly aimed against the Hungarian asylum regulations. They have declared “unlawful” not just the transit zones, but also the fact that Hungary does not accept migrants arriving through safe countries and Hungary’s rejection of the EU’s migrant quotas. We should remember that originally several of these cases against Hungary were launched not by EU institutions but by Hungarian judges influenced by political NGOS.  This is exactly what happened in the case of the transit zones. However, with their pervasive scheming all they managed to achieve is that the Hungarian legislation, complying with the court decisions, will put an end to the transit zone process and at the same time, in order to protect the security of the nation and the European Union, will close the borders to both the migrants and their asylum requests.