Robert HARNEIS -TDO-(FRANCE)- A preliminary hearing has found that Hungary, Poland, and the Czech Republic broke the law by refusing to take in asylum seekers coming to the EU during the chaotic summer of 2015.

The feud over migration has bitterly divided the EU since a spike in Mediterranean arrivals caught it unprepared in 2015. The three ex-communist countries on the EU’s eastern flank refused to take in any of those refugees and migrants, citing security concerns. They also questioned the legal grounds for the EU assigning each country a fixed quota of people to accept.

The advocate general, who advises the European Court of Justice (ECJ), said on Thursday that the EU’s principle of solidarity “necessarily sometimes implies accepting burden-sharing,”.

The ECJ, which can fine member states, is not obliged to, but usually does follow the advocate general’s opinions. A ruling in the case is expected early next year.

The European Court of Justice (ECJ) has a built in bias in favor of ‘ever closer union’ and has not escaped criticism from member states.In Germany, the former president Roman Herzog has written that‘the ECJ deliberately and systematically ignores fundamental principles of the Western interpretation of law, that its decisions are based on sloppy argumentation, that it ignores the will of the legislator, or even turns it into its opposite, and invents legal principles serving as grounds for later judgments’. Herzog was particularly critical in its analysis of the Mangold Judgment, which over-ruled a German law that would discriminate in favor of older workers.

The President of the Constitutional Court of Belgium, Marc Bossuyt, has said that both the European Court of Justice and the European Court of Human Rights were taking on more and more powers by extending their competences, creating a serious threat of a ‘government by judges". He stated that "they fabricate rulings in important cases with severe financial consequences for governments without understanding the national rules because they are composed of foreign judges’.

Hostility to the activism and powers of the ECJ was a factor in the vote in favor of Brexit in the UK.

Whatever the judges say there is little chance of the three member states in question will give way on asylum seeker sharing.

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