Orban /Varga
© John Thys/AFP/KJNHungarian PM Viktor Orban • Hungarian Justice Minister Judit Varga
Hungary's Constitutional Court has struck down a bid by Prime Minister Viktor Orban's government to challenge a ruling by the EU's top court against Budapest's asylum policy.

Orban's justice minister asked the court earlier this year to review a ruling from the Court of Justice of the European Union (CJEU) that Budapest broke EU law by allowing police to physically "push back" asylum seekers across the Serbian border.

In its decision on December 10, the Constitutional Court ruled that the legal challenge by the Hungarian government "cannot be the subject of a review" of the CJEU's judgment, nor can it lead to an "examination of the primacy of EU law."

The judges did, however, rule that Budapest has the right to apply its own measures in areas where the European Union has yet to take adequate steps for common implementation of EU rules.

The judges said Hungary can also decide whether a person can remain in the country, where there is "incomplete effectiveness" in terms of EU rules. They added that Hungary's constitution protects the "inalienable right" of the country to "determine its territorial unity, population, form of government, and state structure."

Last month, the CJEU ruled that Hungary had failed to fulfill its obligations under EU law with its rule that considers asylum applications inadmissible if the asylum seeker arrives in Hungary via a third country considered safe.

The challenge to the EU court's ruling was made by Hungarian Justice Minister Judit Varga. She argued that implementing the ruling by the European court would result in many migrants staying permanently in Hungary.

Orban is facing an election next spring that is expected to be the most serious challenge to his rule since he was voted into power in 2010. He has portrayed immigration as a civilizational threat to Europe, and is campaigning as a defender of national interests against unfair dictates from Brussels.

In a statement released on its website, the Hungarian Helsinki Committee human rights organization said that the government had no green light to continue ignoring the EU ruling.

"Continuing the saber-rattling miscarriage of justice will have serious human rights and financial consequences," it said.

Varga, however, hailed the ruling as a "milestone decision." She said on Facebook:
"It means that Budapest can "adjust its national rules to reality by adopting additional, unique measures. With this judgement, the Constitutional Court has built a strong legal barrier in addition to the physical closure of our borders."
Varga referred to the border fence along Hungary's southern frontier.