Hungary and the Netherlands request opt-out from EU asylum regulations News
EmDee, CC BY-SA 4.0, via Wikimedia Commons
Hungary and the Netherlands request opt-out from EU asylum regulations

Hungary and the Netherlands announced on Thursday that they are requesting an opt-out from EU asylum procedure regulations so that they can maintain control of their own asylum policies.

In a post on X, Hungary’s Minister for European Affairs Janos Boka noted that they will take the necessary legal steps, while remaining a committed member of the Schengen area. Boka issued the declaration hours after Dutch Minister of Asylum and Migration Marjolein Faber said that she had informed the European Commission of the Netherlands’ request to opt out from the regulations.

Known as the Dublin Regulation, the EU asylum procedure rules establish which country is responsible for examining an asylum application, ensuring that asylum seekers have quick access to procedures by designating a single EU country to handle their case.

In 2015, the migration crisis led the European Commission to propose the New Pact on Migration and Asylum in 2020 to ensure greater solidarity and shared responsibility among member states. The New Pact introduced a framework where all member states contribute to handling migration challenges, ensuring that no single country bears an excessive burden. This includes a solidarity mechanism where countries can support each other by relocating asylum seekers, assisting with returns, or providing operational support.

Hungary’s right-wing government has repeatedly rejected and criticized the pact on the argument that it imposes mandatory redistribution of asylum seekers among EU member-states. According to Prime Minister Viktor Orban, such measures undermine national sovereignty as they force countries to unconditionally accept migrants and contribute financially in handling migration flows.

Last week, the EU said that it planned to trigger a special procedure to deduct €200 million in funds from Hungary’s allocated share of EU’s budget, deriving from a fine imposed by the European Court of Justice (ECJ) over the country’s restrictions on the right to asylum. This was due to Hungary’s failure to amend its asylum laws so that they comply with EU law by deadlines provided by the EU in August and September.

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