Fines imposed by the European Union on Hungary for refusing to abandon its strict migration policy in order to comply with EU law exceeded €500 million in April.
In June 2024 the European Court of Justice (ECJ) delivered a verdict in a long-running case against Hungary, ruling that the country must pay a €200 million fine for failing to implement changes to its policy on handling migrants and asylum seekers at its borders. The ECJ also found that Hungary had not taken the necessary measures ‘to comply with the 2020 judgment regarding the right of applicants for international protection to remain in Hungary pending a final decision on their appeal against the rejection of their application and the removal of illegally staying third-country nationals.’
The court additionally ordered Hungary to pay a penalty of €1 million for each day of delay in complying with the rules, citing continued non-compliance with the 2020 judgment. The Hungarian government argued that the ruling was moot, as it had already closed the so-called ‘transit zones’ on the border.
‘The #ECJ’s decision to fine #Hungary with €200 million plus €1 million daily(!!!) for defending the borders of the European Union is outrageous and unacceptable. It seems that illegal #migrants are more important to the Brussels bureaucrats than their own European citizens,’ Hungarian Prime Minister Viktor Orbán commented on the verdict in a post on X at the time.
Billions of EU Funding Lost?
According to Hungarian media reports, once additional periodic penalty payments, legal costs, and interest for late payment are factored in, the total amount reached approximately €512 million as of mid-April 2025. Under the ‘offsetting procedure,’ the European Commission has already deducted €357 million from various EU funds due to Hungary. These include cohesion and recovery funding—distinct from those affected by the conditionality mechanism, under which Brussels continues to withhold around €12 billion from Hungary, of which approximately €10 billion remains frozen.
In March, Orbán pledged to recover all frozen and deducted EU funding to which Hungary is rightfully entitled. However, EU sources familiar with the matter told Hungarian opposition television channel ATV that, under EU law, fines collected in such cases are returned to the EU’s central budget and are no longer accessible to the sanctioned member state.
The deadline for implementing changes to Hungarian legislation is set for mid-May.
Is Hungary a Lone Defiant?
While Western media often portrays Hungary as the sole defiant EU member state refusing to comply with ECJ rulings, there have been several instances of similar resistance from other countries. Since landmark verdicts by the ECJ in the 1960s and 1970s established the primacy of EU law over national legislation, member states have been required to ensure uniform application of EU rules, even if it means setting aside conflicting domestic laws. One of the most notable examples involves Germany. In 2020 the German Federal Constitutional Court declared an ECJ verdict ultra vires, stating that it would not be binding in Germany. The European Commission subsequently launched an infringement procedure against Berlin; however, the dispute was resolved within months after Germany yielded to pressure.
Nevertheless, it is true that no member state has yet been compelled to pay such a substantial sum in fines over legal disputes concerning the primacy of EU law. Poland is the closest comparison: in October 2021 the ECJ imposed a daily fine of €1 million on Warsaw for failing to suspend the disciplinary chamber of its Supreme Court, which was deemed to undermine judicial independence. By early 2025, the European Commission had withheld €320 million from Poland’s EU funds to cover unpaid fines.
Vibes Shift, Courts Don’t
While its negative impact on the Hungarian economy is evident, the current case is all the more frustrating given that—unlike in 2015—Hungary’s stance on border protection and the fight against illegal migration is no longer a rogue position within the European Union. Increasingly, member states are recognizing that this is the only viable path to prevent the deterioration of internal security and to address the adverse societal consequences of mass migration—evident in countries such as Germany, France, Sweden, and elsewhere in Western Europe.
Yet, despite this clear shift in political will, European courts such as the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR), dominated by progressive judges, continue to adhere to an overtly liberal interpretation of the law—rendering it nearly impossible for member states to take effective action against illegal migration.
‘Hungary’s stance regarding illegal migration is no longer a rogue position within the EU’
Prime Minister Viktor Orbán addressed this contradiction at the European Political Community (EPC) summit held in Budapest last November, describing the phenomenon as ‘judicial activism’. He explained that while the European Council makes decisions and member states are tasked with implementation, these common decisions are frequently undermined—first by European and then by national court rulings—causing any progress in curbing migration to collapse. The only exception to this trend, he emphasized, is Hungary, which has consistently opposed judicial activism. The prime minister stated: ‘I don’t think we can stop migration if we don’t revolt against the laws and court rulings currently in force.’
Related articles:
