The recent statements by the Netherlands and Hungary regarding their desire to opt out of the European Union's migration rules have sparked serious debate in Europe. Both countries claim that they need to regain control over their migration policies. Find out more about what this means

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The Netherlands and Hungary have announced their intention to opt out of the European Union's asylum rules.

Both countries have stated that they want to regain control over their own migration policies, creating new tensions within the EU, which is trying to maintain a single migration system.

Hungary's position

Hungary has long been known for its anti-migrant stance. Prime Minister Viktor Orban and his right-wing populist government have been in conflict with Brussels for years over their tough policies toward migrants. 

In particular, on September 18, Hungarian Minister of European Affairs János Boca said that Hungary intends to apply to the European Commission for an exemption from EU rules governing asylum. 

According to the minister, this is necessary to strengthen measures against illegal migration.

For several years now, Hungary has been at the center of criticism from the European Commission for its restrictions on migrant admissions and refusal to comply with European Court rulings. This has led to a fine of 200 million euros being imposed on the country, which Budapest refuses to pay. 

Brussels is even considering withdrawing these funds from future EU payments to Hungary.

The position of the Netherlands

The Netherlands has also announced its desire to refuse to comply with EU migration rules. 

Dutch Minister of Asylum and Migration Marjolein Faber informed the European Commission of the government's intention to regain control over national asylum policy. This step was supported by the leader of the right-wing Freedom Party Geert Wilders, who called it a “mini-Nexit” - hinting at the possibility of a partial withdrawal of the Netherlands from EU policy.

However, the Netherlands' move faces significant obstacles. The European Commission has already emphasized that the new migration rules remain binding on all EU member states, and that an exemption requires the consent of all 27 states. This makes it unlikely that the Netherlands will succeed in achieving the desired result.

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What does this mean for the EU?

The statements from the Netherlands and Hungary point to the growing pressure on the EU in the area of migration policy. On the one hand, states on the periphery of the EU, such as Italy and Greece, are facing massive flows of migrants and need solidarity support from other EU countries. 

On the other hand, countries such as Hungary and the Netherlands are increasingly resentful of the burden imposed by the common system of migrant reception.

Hungary has for years pursued a policy of rejection of migrants, refusing to accept mandatory quotas for the distribution of refugees, which has led to tensions with other EU countries and Brussels. At the same time, the Netherlands, which has long held a more moderate position, is now also beginning to express its dissatisfaction.

Implications for the future of EU migration policy

While it is unlikely that the Netherlands and Hungary will succeed in seceding from the EU migration system, their demands raise important questions about the future of European asylum policy. 

Refusing to abide by common rules could undermine EU unity and set a precedent for other countries that may also want to revise migration arrangements.

It could also lead to an aggravation of relations between nationalist governments and the EU's central bodies. If Brussels fails to find a compromise with Hungary and the Netherlands, it could have long-term consequences for the unity of the bloc and its ability to respond effectively to global challenges such as migration.

We remind you! Earlier, we wrote that the Dutch authorities have unveiled an updated program that provides for significant changes in the field of migration, aiming to significantly reduce the inflow of migrants and strengthen control over asylum. Find out more about what awaits refugees in the country.

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Ihor Usyk is the Head of Legal Department at Visit Ukraine

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