Poland, Hungary, and the Czech Republic are obligated to take over asylum seekers from Italy and Greece. This is the opinion of the Advocate General of the European Court of Justice in a case brought by the European Commission against the three countries. The Advocate General's advice is usually adopted by the Court.
In 2017, the European Commission initiated legal proceedings against Poland, Hungary, and the Czech Republic due to their refusal to cooperate with the relocation of asylum seekers. The EU countries had agreed to this arrangement in 2015 to relieve Italy and Greece. A spokesperson for the European Commission said they would only comment on the case once the Court has made a final ruling.
In 2017, the Court already rejected a request from Hungary and Slovakia to annul the asylum reception system. Hungary places asylum seekers in reception camps at the border with Serbia but takes no further action. According to the EU, Hungary must urgently provide food for rejected asylum seekers in camps at the Serbian border. Otherwise, the European Commission will take the matter to the European Court of Justice, Brussels wrote earlier to the Orbán government.
According to Brussels, the forced detention of rejected asylum seekers in the transit camps amounts to de facto detention. Under European rules, Hungary is therefore obliged to ensure they receive food. In July, the EU's executive body already asked Hungary for clarification on the issue, but the country has taken no satisfactory action, the Commission stated, emphasizing the urgency of the matter.