Germany has offered access to EU funds only in the presence of an independent court: Europe



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Germany has offered access to EU funds only if there is an independent court

© Reuters

The German EU presidency has proposed a scheme to link access to EU funds to the rule of law, Reuters reported. There must be such a link for the € 750 billion in grants and allied loans to overcome the pandemic crisis.

The proposal does not contain many details, presumably so as not to give a veto to governments of countries such as Poland and Hungary, the agency added. The document aims to stimulate negotiations between the European Parliament and the leaders of the 27 member states. The EU budget for 2021-2027 and aid for the effects of COVID-19 have not yet been approved by MEPs.

“The rule of law requires all public authorities to act within the limits imposed by law … under the control of an independent and impartial court,” reads the regulatory proposal, which must be approved by the European Parliament.

Warsaw and Budapest are in the process of revoking their right to vote on EU decisions precisely because of allegations that they have weakened or liquidated the independence of judges, the media and NGOs from the executive branch. Both countries could lose tens of billions of euros in funding if a European rule of law mechanism is established on this principle. With the crisis recovery fund alone, Poland could be cut off by € 23 billion and Hungary by € 6 billion.

Bulgaria also has problems with the independence of the judiciary and this is stated in the latest report on the so-called monitoring by the European Commission. The implementation of the Venice Commission’s recommendations on this issue has yet to be reported. More clarity is expected on Wednesday, when the European Commission publishes the first national reports on the rule of law.

A significant majority of MEPs want the link between EU funds and the rule of law to be stronger than what was agreed between national governments in July. Therefore, the German proposal, which closely adheres to the wording of the summer European Council, will almost certainly disappoint them, Reuters commented.

The German document also suggested that EU funds should not be sent to governments that upset the balance between individual authorities and institutions and democratic control over them. The decision to do so was taken by the majority of member states on the recommendation of the European Commission, the text says.

This would allow to overcome the resistance of Poland or Hungary. But MEPs are pushing for another principle that they say will be stronger: that a majority is needed to reject a Brussels proposal. This means that it will not be easy for Victor Orban, for example, to enlist the support of more than 50% of the EU governments for his disagreement with the commission’s decision.

But there are also voices saying that such ambitious goals should not be set in the search for a solution, as Budapest and Warsaw may withdraw their support once something too different from what was agreed is achieved after more than four days in July. level of government.

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