Hungary Follows Netherlands, Demands Opt-Out From European Union Migration Rules

The Netherlands notified the European Union it intends to get an “opt out” from the bloc’s migration and asylum rules this week, prompting central Europe’s Hungary to say it wanted the same thing.

Hungarian Minister for EU Affairs János Bóka spoke in Strasbourg this week in the wake of the Dutch declaration that it wishes to “opt-out” from European Union diktats on border control. The minister said while the country remains “a committed member of the Schengen Area, and it will continue to be so in the future”, nevertheless it wanted to take back control on migration and asylum.

New European Union rules on migration and asylum are to come into force in 2026 after being agreed in 2024. Hungary voted against the proposals but was ultimately unable to block them. Bóka said of getting an opt-out, Hungary would “take the necessary legal and administrative steps”.

The politician followed up his spoken remarks with a statement published online, where he expressed the Hungarian position that “Drastic action is needed to stem illegal migration” and to achieve this Hungary would be standing with the Netherlands to get an exception through a treaty amendment.

Hungarian state media states that while the country will abide by European law, nevertheless its government would “pursue migration policies that safeguard national interests”. Hungary believes EU border rules undermine the nation state and “stronger national control over migration is essential to maintain public services and protect sovereignty”, it was stated.

While the declaration by the Netherlands, an influential founder-member of the European Union, that it wishes to opt-out from some European rules is consequential and potentially — as populist leader and power-behind-the-throne in the Hague Geert Wilders points out — a historic development, nevertheless it will be a massive effort to achieve any such change. As Politico notes in its review of the situation, “changes to EU treaties are a long and complicated process requiring unanimity of all member countries. The Commission said in its Wednesday press briefing that it does not expect to embark on such a change any time soon”.

As reported yesterday on the Dutch demand:

Wilders has vowed to introduce the “strictest” asylum policy in the history of the country to confront the issues of mass migration, which the government has blamed for exacerbating the problems facing the Dutch public in areas of health care, housing, and education, among others.

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Even if a treaty proposal were to be put forward, it is also unclear if the Dutch government would be able to overcome the opposition from Brussels as well as from other national capitals, given that excluding the Netherlands would likely increase the number of migrants entering other member states.

Therefore, Dutch political commentator Eva Vlaardingerbroek argued Wednesday that the government should seek a “Nexit” withdrawal from the European Union like the United Kingdom did with Brexit, saying that it is “the only REAL way to get our sovereignty back.” While PVV leader Geert Wilders was previously a proponent of the Netherlands leaving the bloc, he moderated his position while attempting to form a coalition government earlier this year.

While border control discussions gripped Europe most dramatically during the 2016 migrant crisis, the subject remains an important one and taking control of national migration and asylum policy is not a matter without consequence. As reported, the European Union is presently experiencing a ‘silent’ migrant crisis, with well over one million asylum applications due to be lodged this year.

Hungary is the European state which takes the fewest asylum seekers per capita, a position is has carved out for itself that could be undermined if Europe gets its way on migrant redistribution. The Netherlands is presently right on average for asylum seekers per capita, but the new government has vowed to get immigration under control, and part of that is introducing a stricter asylum policy. As stated:

The populist led government is also set to introduce “strict conditions” on family reunification schemes for migrants, otherwise known as chain migration. Going forward, migrants will only be permitted to bring in members of their direct nuclear family and will only apply for those who have been residents for at least two years and has a permanent private residence and meets an income threshold.