The European Court of Justice
(ECJ), the E.U.’s supreme court, which like the U.S. counterpart can overrule
state courts, ordered the E.U. state of Hungary to pay a lump sum of €200
million and €1 million per day of delay from June 12, 2024 because the state
government had disregarded “the principle of sincere cooperation” between
states in taking in their fair share of foreign asylum-seekers and “deliberately”
evaded implementing the federal law that directs the states how to treat those
people who enter the E.U. through the state seeking political asylum.[1]
The state government had made it “virtually impossible” for asylum seekers to
file applications.[2]
Similar to the Nullification Acts passed by the state government of South
Carolina in the U.S. when that union was between 30 and 40 years old, the decision
of Hungary to ignore the ECJ’s ruling on the matter in 2020 could not be
tolerated by federal authorities, for a federal system of dual sovereignty (i.e.,
some held at the federal level and the rest at the state level) cannot survive
if state governments can unilaterally decide to nullify, or ignore federal law.
That federal directives in the E.U. reply on implementation into law at the
state level just makes the E.U. more vulnerable should a state government so easily
dismiss federal law. Why even be in a union if its law is deemed not worthy of
respect?
The full essay is at "The ECJ Slaps Down Hungary."
2. Ibid.
