Caselaw commentary of CJEU, judgement of 2 April 2020, joined cases C-715/17, C-718/17 and C-719/17: Rebel rebel, how could they know? The boundless imagination of Poland, Hungary and the Czech Republic in opposing the relocation mechanism

Abstract

In the case Commission v. Poland, Hungary and the Czech Republic, the Court of Justice of the EU, upholding the actions for failure to fulfill obligations brought by the European Commission, ruled that the defendant States breached EU law by failing to comply with the relocation decisions adopted in 2015 by the Council. The Court rejects the States' argumentation as to the need to safeguard their national order and security, adduced as justification for not relocating asylum seekers, and confirms that solidarity is a legally binding obligation. It also does not accept the alleged existence of malfunctioning and flaws of the relocation mechanism as a valid reason not to cooperate and show solidarity: it is exactly when obstacles and difficulties arise that solidarity and a sincere, genuine spirit of cooperation are most needed.