What might be the future migration and asylum policy of the European Union? Comment on the judgement of the Court of Justice, case C-808/18 European Commission v Hungary

Abstract

In December 2020, the Grand Chamber of the Court of Justice delivered a judgement in European Commission v. Hungary case which is significant in many respects. The CJEU has confirmed that Hungary had failed to fulfil its obligations in providing migrants with international protection and returning illegally staying third-country nationals. The judgement is also of crucial importance in view of the Common European Asylum System and New Pact on Migration and Asylum. The comment aims at presenting possible consequences of the judgement for both the Hungarian administration and, most importantly, future instruments in the area of asylum in the EU.