Brussels, 30/09/2015 (Agence Europe) - Slovakia's prime minister, Robert Fico, announced on Wednesday 30 September that it will take to the European Court of Justice the EU's qualified majority decision on 22 September to divide up on its territory 120,000 people in need of international protection, reports Reuters. The prime minister explained at a press conference that he didn't agree with compulsory quotas and had formalised the legal opinion that day. The appeal will be drawn up by experts over the next two months, explained the justice ministry.
On Tuesday 22 September, the Luxembourg Presidency of the Council of the EU decided to take a qualified majority vote, as allowed by the Lisbon Treaty, in order to have the decision passed to relocate 120,000 refugees, thus sidestepping the opposition of Slovakia, Hungary, the Czech Republic and Romania, which voted against the decision. Slovakia is the only country to have formalised its plan to challenge the decision in court. Robert Fico said application of the measure, under which, Slovakia would have to take 802 people in the first year, could not be done because it is not technically possible.
Application of Treaty rules
Details of the appeal have not been given and Slovakia has not made it clear whether it wants to challenge the European Commission's powers in the domain, the legal basis or use of a qualified majority vote. The Luxembourg Presidency of the Council of the EU pointed out on Wednesday, as it did on 22 September, that it has applied the procedures laid down in the Treaties and therefore made use of the option of a qualified majority vote.
The Presidency of the Council of the EU commented that once adopted and published (which happened on 24 September, Ed.) the Council's decision becomes legally binding for all member states and it is confident that all the member states will abide by European law.
The Commission explains that it feels the proposal is “lawful.” While member states clearly have the right to challenge decisions at the European Court of Justice, the Commission points out that all the procedures are in place and the member states must now comply with the law. (Original version in French by Solenn Paulic)