La Corte di Giustizia torna sul meccanismo di ricollocazione dei migranti tra rivendicazioni identitarie e tenuta dei valori fondanti dell’Unione europea

On April 2, 2020, the Court of Justice delivered the judgement on the infringement procedure started in late 2017. The Court ruled that Hungary, Poland and Czech Republic failed to fulfill their obligation under the relocation mechanism set by the Decisions 2015/1523 and 2015/1601. The Court dismissed the argument of the three Member States especially regarding art. 72 TFUE, where lies the derogation to the rules embodied in the Title V TFUE. According to the Court, this provision must be strictly interpreted, and it does not represent a general derogation. Moreover, this judgement highlights that the refugee crisis has been a systemic crisis of the European Union, where the foundational values as well as the principle of sincere cooperation are at stake. Thus, this judgement has to be read in in the context of the crisis of the rule of law within the European Union and the infringement procedure might a viable tool for ascertaining the violation of the EU law and obligations.