CENTRAL EUROPE: Court rules Germany’s pushback policy unlawful ― Hungarian government postpones vote on controversial anti-NGO law ― UN report reveals positive contribution of Ukrainian refugees to Poland’s economy 

• A German court has ruled that the new government’s policy of turning away undocumented people at the border is unlawful.
• The vote on a controversial legislative proposal aimed at severely curtailing the activities of NGOs in Hungary has been postponed.
• A new United Nations report has revealed that Ukrainian refugees have made a significant contribution to Poland’s economy.

A German court has ruled that the new government’s policy of turning away undocumented people at the border is unlawful. On 2 June, the Berlin Administrative Court ruled that a decision to prevent three Somali nationals who tried to enter to Germany from Poland from applying for asylum on 9 May was not in line with the EU’s Dublin system. “Persons who express the wish to seek asylum while at a border check on German territory may not be turned back,” the court said in a statement on its decision. Despite the court ruling, Minister of the Interior Alexander Dobrindt appeared to be determined to continue with his policy. “We are sticking to the pushbacks. We see that the legal basis is there and will therefore continue to proceed in this way, regardless of this individual case decision,” he said. The court ruling was welcomed by ECRE member organisation PRO ASYL which had provided support in all three cases. “The rulings are groundbreaking,” said PRO ASYL Director Karl Kopp, adding: “It’s a clear signal to interior Minister Alexander Dobrindt: His approach is illegal, his approach violates European law, his argument about Article 72 does not apply”. Kopp’s words were echoed by opposition MP Irene Mihalic (Alliance 90/The Greens): “This is a severe defeat for the federal government and should serve as a warning to abide by the law in the future and not knowingly exceed its own powers for populist purposes,” she told the Rheinische Post newspaper.

A few days after the Berlin court ruling, senior members of both the Christian Democratic Union (CDU) and Christian Social Union CSU) accused PRO ASYL of having staged the incident at the Germany-Poland border. “PRO ASYL has been operating along the refugee routes for years, including at the border crossings (…) For me, this clearly bears the hallmarks of a setup by asylum activists,” said the head of the CDU parliamentary group in the Bundestag (lower house of parliament) Alexander Hoffmann MP. His words were echoed by the CDU/CSU’s domestic policy spokesman, Alexander Throm: “It’s one thing to advocate for refugees at home. But it takes on a completely different quality when people are deliberately supported in crossing the border illegally. PRO ASYL has thus crossed a line itself,” he told the Bild newspaper. PRO ASYL denied the politicians’ accusations: “We are a human rights organisation and support refugees in court,” Karl Kopp told the Augsburger Allgemeine newspaper, adding: “This is an attack on our work”. In a statement published on the organisation’s website on the same day, Kopp wrote: “Instead of putting an end to the obvious violations of the law, judges are being threatened and human rights work is being defamed and slandered. PRO ASYL will not bow to this pressure. Our mission remains to stand resolutely by the side of those affected, both legally and humanitarian, defending their rights and fighting against all forms of injustice”. “PRO ASYL demands an end to the unlawful rejections of asylum seekers at Germany’s internal borders. We demand a return to law and order – and to a civil, fact-based discourse,” he concluded.

The vote on a controversial legislative proposal aimed at severely curtailing the activities of NGOs in Hungary has been postponed. The ‘Transparency in Public Life’ proposal was due to be debated and voted in mid-June but on 4 June, the leader of the governing Fidesz party’s parliamentary group in the Hungarian parliament, Máté Kocsis told the Index news agency: “We are removing the transparency law from the legislative committee’s agenda for this Thursday, and Parliament will not be making a decision on the matter until after summer”. “The [Fidesz] parliamentary group is united in the view that legal instruments must be used to protect sovereignty. However, there is debate over what those instruments should be,” he added. Commenting on the government’s announcement, ECRE member organisation the Hungarian Helsinki Committee wrote on Bluesky on 5 June: “Postponing the final vote on the bill is not a retreat but merely a tactical delay. Protests by civic actors, media and businesses helped secure this temporary relief. The next months will be crucial to safeguard freedom of expression, association and assembly”.

The Hungarian government’s decision to postpone the debate and vote on the draft law may have been influenced by external pressure from the EU and the Council of Europe. On 23 May – 10 days after the proposal was initially submitted – a spokesperson for the European Commission told journalists that it had “great concerns” about the draft law and that “if adopted as it is, it would constitute a serious breach of EU principles and law”. “Therefore, we ask that this draft be withdrawn from the legislative process. We will not hesitate to take the necessary action if this draft is adopted,” they added. Four days later, the Council of Europe Commissioner Human Rights Michael O’Flaherty urged Hungarian MEPs not to adopt the draft law in its current format. “I respectfully ask members of the National Assembly to refrain from adopting the draft law unless it is amended to comply with international human rights law, notably pertaining to the rights to freedom of expression and association, the right to respect for private life, the right to a fair trial and the prohibition of discrimination,” he wrote in a letter to Speaker of the National Assembly László Kövér on 27 May. “I further recommend that they engage with national and international partners, including the Council of Europe, on how best to promote transparency in democratic processes while creating an enabling environment for civil society organisations and other entities who contribute to democratic debate by engaging on issues of public interest,” he added.

A new United Nations report has revealed that Ukrainian refugees have made a significant positive contribution to Poland’s economy. According to the report, which was published by the United Nations Refugee Agency (UNHCR) and Deloitte on 10 June, Ukrainian refugees had a net impact of 2.7% to Poland’s gross domestic product in 2024 and their employment rate increased to 69% from 61% in the previous year. The report’s authors noted: “Poland’s swift opening of its labour market enabled refugees to integrate economically and support themselves primarily through work. Refugees are now active as employees, entrepreneurs, and consumers, driving demand and increasing productivity”. Speaking at a press conference to mark the launch of the report, UNHCR spokesperson Rafał Kostrzyński said: “This report debunks several myths. It is not true that the impact of refugees on the Polish economy is negative”.

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