Granting asylum to entrants from countries where they were not subject to persecution “cannot be considered a constitutional obligation” for the Hungarian state, the Constitutional Court said in a ruling. The court added, however, that such entrants could be granted asylum “by parliament under its own rules”. The court insisted that asylum could be granted “under Hungary’s international obligations rather than as the applicant’s fundamental right”.
The ruling came in the wake of a request by Justice Minister László Trócsányi, who asked for the court’s position in a dispute with the European Commission, according to which stipulations in the Hungarian constitution pertaining to asylum are not in line with European law.
According to the top court, European law is applied in Hungary on the basis of the constitution and the court’s interpretation of the fundamental law “shall not be overwritten by the interpretation of any other body”. They noted that “the contiguity of EU and national law does not normally lead to constitutional dilemmas since the two systems are based on shared values”. The Constitutional Court and the EU could have different positions on actual national norms, but “discrepancies can be eliminated through a respectful dialogue”, they added.