In Brussels language, it is written, among other things, in the fourth article and the second paragraph of the regulation that “the discretion of the contributing member states will be fully respected when choosing the types of solidarity measures”. What is meant by this is the sovereign decision of the states about how they want to help, whether they want to accept refugees or contribute financially.
This fact is also confirmed in the European Parliament’s position on this regulation, where it is stated: “It is important to ensure that the choice of types of solidarity and support measures is entirely at the discretion of the contributing Member State.”
The migration pact may cost the Czech Republic billions of crowns, it will not have veto power
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The migration pact is due to come into effect in about two years, and the opposition criticizes the minister saying that it will be possible to order the Czech Republic to accept migrants. “In the migration pact approved by Vít Rakušan, we see no guarantee that the Czech Republic will never be forced to accept migrants. They simply meet there,” said Jana Mračková Vildumetzová, Member of Parliament of the ANO movement and Shadow Minister of the Interior.
However, it follows from the regulation that it will always depend on the decision of the member states.
The regulation is intended for cases where one of the member states collapses under the enormous pressure of refugees and its asylum and migration system ceases to function. It is also reserved for situations where a foreign state will abuse migration and purposefully send refugees to the Union.
Havlíček does not want to comply with the migration pact, the Czech Republic would be threatened with courts and fines
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An affected state under pressure may request assistance. The request will be accepted by the European Commission and forwarded to the Council, i.e. representatives of all member countries, for a decision. They then determine the solidarity response plan, for example they can increase the number of redistributed migrants or financial contributions.
The affected member state requesting assistance may state that it sees redistribution as the only solution to the crisis. The Commission will take this into account in its proposal, however, according to the text, the said discretion is not affected in any way. The decision on the method of assistance remains with the states themselves.
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This was confirmed by the Austrian minister himself. “Even in the crisis mechanism, there is no mandatory assignment,” he assured on Czech television. The European Commissioner for Home Affairs, Ylva Johansson, confirmed him, saying on the X social network: “Let’s be clear: the rules approved in the Pact on Migration and Asylum do not require mandatory relocations, even in times of crisis. What is required is mandatory solidarity, financial or operational.”
MEP Tomáš Zdechovský (KDU-ČSL) confirmed that member states will always have the option to “pay off” the obligation to accept migrants. “Yes, we have the possibility to help in another way. However, it is not the case that if we are given financial aid in the amount of 15 billion, we can send material for three hundred thousand crowns. We will have to help in the specified amount,” he said.
Austrian as Baron Prášil. There is no migration exception for the Czech Republic in the pact
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