The temporary emergency relocation scheme was established in two Council Decisions in September 2015 (Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601), in which Member States committed to relocate persons in need of global protection from Italy and Greece.
In the list of countries regularly violate the obligation of readmission of migrants are Poland, the Czech Republic and Hungary. the European Commission has unsuccessfully tried for several months to achieve results in meeting its obligations from these countries, after which transferred the case to the European court.
The commission launched infringement procedures against the three states in June and warned them last month that further action was likely.
The three countries claim that Brussels is attempting to interfere with their national sovereignty.
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On the account of Hungary already have one court case for the wrongful decision about the permission to get education in private institutions.
The ongoing row over the quota scheme has held up efforts to reform the bloc's asylum system, which leaders are supposed to be discussing at an European Union summit in Brussels on December 14-15. It is also fueling a new clash between the European Union body and important eastern bloc states.
"The European Commission has made a decision to refer the case to the European court of justice against Poland, Hungary and the Czech Republic for failure to fulfil their obligations under migration", - he said.
Hungary has introduced an education law that could shut the Soros-founded Central University in Budapest, which has always been seen as a hostile bastion of liberalism by Orban's right-wing government.
The EU executive also announced on Thursday it would be escalating its attack on Hungary over measures taken to curb meddling in its domestic affairs by globalist billionaire George Soros.
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Hungary also caused controversy in June when it passed legislation forcing non-governmental organisations to declare themselves "foreign-funded".
The Luxembourg-based ECJ could impose heavy fines.
The commission said the laws "indirectly discriminate and disproportionately restrict donations from overseas to civil society organisations".
The European Parliament also voted to start an EU sanctions procedure over Warsaw's controversial judicial reforms that could eventually suspend Polish voting rights in the bloc.
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