Every sovereign state has the right and responsibility to protect its own borders and accordingly we must take all permissible action against those who contravene European norms in the interests of protecting the citizens of Hungary and the European Union, the Minister of Justice declared.

The physical barrier, the fence that we are erecting along our Schengen border – providing it does not interfere with border crossing stations – conforms to both European Union law and the Schengen regulations because neither prevent a member state from equipping their external borders with physical barriers, László Trócsányi told Hungarian news agency MTI on 28 August in Szeged.

In addition, preventing illegal border crossing and ensuring border crossing occurs only via designated border crossing stations is an express requirement of Schengen law, he added.

The Minister pointed out that the obligation to protect the country’s borders also conforms to the so-called Dublin III regulation adopted by the EU.

He recalled that according to the Geneva Convention, which is the most significant source for international asylum law, states cannot punish asylum seekers for illegally entering the country if they arrive directly from countries in which their lives or freedom are in danger.

It follows from the text of the treaty that migrants arriving from Serbia cannot cite this provision, since they are not in danger in Serbia, Mr. Trócsányi said.

It may be stated in summary that national, international and European Union law must all be applied together. Failing to protect our borders could endanger Hungary’s Schengen membership and the security of the whole of Europe, the Minister stressed.

The Minister also mentioned that the Government is striving to ensure that Romania and Croatia also become members of the Schengen zone as soon as possible.

However, in the case of the Ukrainian border and the Serbian border, which is under increasing pressure from migration, we are talking about a double EU and Schengen external border with regard to which Hungary also has a two-fold obligation to ensure border security, Mr. Trócsányi added.

And border security is not an end in itself, because as the Schengen Borders Code also states: “Border control is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control”, Minister Trócsányi stated in closing.

(Ministry of Justice/MTI)