The European Union’s migration policy has been at a dead end for decades, and member states need to take control into their own hands. Taking back migration powers from Brussels and restoring national sovereignty may be the only way forward in the fight against illegal immigration.
Why is the European Union’s migration system not working, and can control be returned to the member states? This was one of the questions addressed at a roundtable discussion organized by the Migration Research Institute and the European Studies Workshop of the Mathias Corvinus Collegium (MCC). The event marked the release of MCC’s latest study, entitled “Taking Back Control From Brussels – The Renationalization of the EU Migration and Asylum Policies,” is a joint publication of the MCC European Studies Workshop, the Migration Research Institute, and the Polish legal institute Ordo Iuris. The aim of the study is not only to present the situation, but also to initiate an open and substantive debate on the failures of European migration and asylum policy over the past three decades.
The study argues that the EU’s common migration and asylum system is struggling with structural problems that are not temporary disruptions but deeply rooted flaws. The report provides a detailed analysis of the role of judicial activism and its unintended consequences, the practical limitations of international legal obligations, the ineffectiveness of deportation mechanisms, and the political and social failure of quota systems. These factors undermine the effectiveness of EU solutions in the long term.
Photo: Hungary Today
The event outlined an alternative agenda for Europe, based on three pillars:
- the return of migration powers to the member states,
- the restoration of national sovereignty,
- and the strengthening of democratic accountability.
The event was opened with a speech by Balázs Orbán, chairman of the MCC’s board of trustees and political director to the prime minister, followed by a roundtable discussion moderated by Yann Caspar, a researcher at the MCC’s European Studies Workshop. Participants included Rodrigo Ballester, head of the MCC European Studies Workshop, Viktor Marsai, director of the Migration Research Institute, and Jerzy Kwaśniewski, chairman of the board and co-founder of the Ordo Iuris Institute.
In his opening speech, Balázs Orbán sharply criticized the EU’s migration policy.
The EU has failed to stop illegal migration. There are member states that are successful, but not because of the Union, but precisely in spite of the Union’s obstruction,”
he emphasized. He said that since 2015, some 10 million illegal migrants have arrived in the EU, and this number could continue to grow. He sees the reason for the failure in the lack of political will: “If there is political will, migration can be stopped, but this is lacking among EU leaders.” Balázs Orbán emphasized that the EU’s legal system, fundamental attitude, and leaders—such as Ursula von der Leyen—continue to be pro-migration, treating migration as an opportunity rather than a national security risk.
Citing the example of Hungary, he recalled that our country is facing legal proceedings and daily fines of one million euros from the EU because of its anti-migration system. “Some people think this is a good investment, as we would be worse off if we accepted migrants, but it should be a basic expectation in the EU that it supports member states rather than attacking them,” he said.
The roundtable discussion continued by moderator Yann Caspar’s questions and further analyzed the reasons for the failure. Viktor Marsai agreed with Balázs Orbán’s diagnosis: “Anyone who reaches the EU’s borders and applies for refugee status effectively receives a free ticket to the EU.” He added that NGOs and even some state institutions support these processes, while the data is shocking: EU regulations also encourage legal migration, for example through family reunification.
Marsai pointed to demographic changes: while the U.S. used to be the model for immigration, where the proportion of foreigners did not exceed 15 percent, today in several European countries (six) this proportion is above 15 percent, and even close to 20 percent.
Rodrigo Ballester focused on the legal aspects and emphasized:
We do not have time for the EU’s technocratic solutions. The EU has failed, producing disastrous results over the past 30 years.”
In his view, based on the principle of subsidiarity, the EU can only act if it can solve the problem better than the member states, but it has proven its incompetence in recent decades. “Powers should be returned to the member states, for example with opt-out options, as in the case of Ireland or Denmark,” he suggested. Ballester also criticized the role of NGOs: they are financed by EU funds and have infiltrated Frontex, which does not protect but manages borders. “If Frontex is unable to do its job, then it is better to abolish it or turn it into a proper border protection force,” he said. In his view, subsidiarity is not a one-way street, and member states must take back their powers, especially since the Lisbon Treaty did not foresee the 2015 crisis.
Jerzy Kwaśniewski drew attention to specific crises: “The EU’s migration pact is not about stopping migration, but about accelerating and legalizing it, and then distributing it among member states, even those such as Hungary and Poland.”
Jerzy Kwaśniewski, chairman of Ordo Iuris Institute. Photo: MCC
Answering Hungary Today’s question whether he believes in reforming the EU to accept the sovereignty of national courts especially after the EU’s Court of Justice had granted itself supremacy over national constitutional courts Mr. Kwaśniewski pointed out that the first step in his native Poland would be to restore people’s trust in the national judiciary system that has been wrecked by the EU and he is positive that they are on the right path for that to happen sooner or later, and that is why he and Ordo Iuris Institute contributed to the current study under discussion.
Ballester added that the European human rights system has been completely transformed to protect migrants, undermining states, while Marsai pointed to the contradictions of the Schengen system: Hungary’s argument was rejected by the court, which gave preference to lower-level recommendations.
The participants agreed that the EU’s migration policy is not only a failure but also an active threat to European societies.
Via Mandiner; Featured image: Hungary Today
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