Bbrussels is now up against the wall to punish violations of the rule of law, in particular in Poland and Hungary, after the validation on Wednesday by the EU justice of an unprecedented device allowing to deprive European funds of the recalcitrant .
The European Court of Justice, whose decision was broadcast live for the first time, unsurprisingly rejected the appeals for annulment brought by Hungary and Poland against this “conditionality” regime.
“This mechanism was adopted on an adequate legal basis” and “respects the limits of the competences attributed to the Union as well as the principle of legal certainty”, indicates in particular the Court in a press release.
Polish Prime Minister Mateusz Morawiecki denounced a “widening of competences” of the EU “very disturbing and dangerous”. Hungary, through its Minister of Justice Judit Varga, castigated a “political decision” linked to the law on homosexuality adopted this summer in Budapest, much criticized in the European Union.
Paris, on the other hand, welcomed “good news”, as did Berlin, for whom this judgment “strengthens our community of values”.
“The way is clear for the Commission to act,” tweeted Dutch Foreign Minister Wopke Hoekstra, expressing the “full support” of his country, Belgium and Luxembourg.
Responsible for activating this unprecedented mechanism, the European Commission had agreed, in agreement with the Twenty-Seven, to await the opinion of the Court before acting, while the regulation has been in force since January 1, 2021.
For months, the European Parliament has been growing impatient. He even filed an appeal for inaction against the Commission.
But an immediate reaction is not on the agenda: the European executive will “carefully analyze” the judgment of the Court and will take it into account to adopt “in the coming weeks” “guidelines” to apply the mechanism, said its president, Ursula von der Leyen.
She stressed that “certain cases” were the subject of a “thorough evaluation” and assured of her “determination”.
In November, the Commission sent letters to Poland and Hungary setting out again its criticisms of respect for the rule of law in these two countries of the former Eastern bloc.
On the Hungarian side, the Commission raised problems of public procurement, conflicts of interest and corruption. With regard to Warsaw, the attacks on the independence of judges and the questioning of the primacy of European law and the decisions of the CJEU are targeted.
“No More Excuses”
“This judgment is not a surprise, so adopting guidelines should be a matter of days, rather than weeks,” German MEP Daniel Freund (Greens) told a press conference.
“There is no more excuse now for not triggering this mechanism against these two governments (…) Nowhere does it say that it does not apply in the event of an electoral campaign”, a- he added.
The commission could be reluctant to launch an action against Budapest which could be politically exploited while the Hungarian legislative elections on April 3 will see sovereignist Prime Minister Viktor Orban face an opposition alliance.
The NGOs Amnesty International, Human Rights Watch and Liberties have also called on Brussels to act. “The EU cannot afford to delay its action… Hungarian and Polish judges, journalists, activists and citizens cannot wait,” said Eve Geddie, from Amnesty’s EU office.
The regulation makes it possible to deprive of European funds a country where violations of the rule of law are observed which “damage or risk harming” the financial interests of the EU, “in a sufficiently direct manner”. A possible suspension or reduction of payments must be endorsed by at least 15 out of 27 Member States.
The mechanism applies to funds paid within the framework of the European budget, which constitute substantial sums for these two countries – they are among the main net beneficiaries of European funds – as well as to post-Covid recovery plans. Those of Poland and Hungary have still not been approved.
Among the instruments available to the EU to fight against attacks on democratic principles, it could prove to be the most effective. The procedure of Article 7 of the Treaty on the EU, launched against Poland and Hungary, makes it possible to sanction a country for not respecting the values of the EU. It can go so far as to deprive him of his right to vote on the Board, but in practice has proved impossible to carry out.
16/02/2022 22:40:30 – Brussels (AFP) – © 2022 AFP