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Both MTI and Politico recently reported on key information and arises even more precisely from the merger of the two reports is what could be the content of a possible negotiation on the issue of the budget veto on the rule of law. This information
We reaffirm our assessment of the situation in the morning that the legal guarantee and the possibility of (judicial) appeal would be the way out of the stalemate,
but it is still not certain that the threat of a veto in Hungary and Poland has disappeared and that the EU is actually embarking on this path.
“I am absolutely sure that in the coming days we will also make decisions on the multi-year financial framework and the recovery fund, which will make the money available,” said Heiko Maas, one of Germany’s most prestigious public benefit foundations, the Foundation Körber (Körber Stiftung) (Berlin Foreign Policy Forum 2020). As he said, due to the epidemic, the EU is in a situation where “everyone has to show a great sense of responsibility”. The German presidency is working to reach an agreement and demonstrate the EU’s capacity for action, he added.
Maas emphasized that there would be no backtracking on the issue of linking EU funds to the rule of law. As you said, the rule of law mechanism
it cannot be reversed and removed from the commitment.
He added that he is convinced that “due to the pressure of the epidemic, a solution will be possible until the December Council,” that is, the two-day meeting of the European Council of Heads of State and Government in Brussels on December 10. .
Haiko Maas explained: agrees with his Slovenian counterpart, Anze Logar, who in the conversation highlighted the EU Member States they joined the community because they have common values and organize their lives according to the same “model”. This model is the model of “liberal democracy”, which is based on the values of freedom, democracy, human rights and the rule of law, said the German foreign minister. He stressed that all member states “must adhere to this model.” He added that “difficult negotiations” are yet to come.
We don’t post it in public, so we don’t even make suggestions in public.
“We need a solution, as soon as possible, and I am convinced that everyone is aware of their responsibilities and will contribute to the development of a solution in the coming days,” said Heiko Maas.
Augusto Santos Silva, Portuguese Chancellor who held the rotating presidency of the Council of the European Union from Germany in January, stressed that he shares the optimism of his German colleague and hopes that a solution to the seven-year budget and the recovery fund Chancellor Merkel trusts on your knowledge and experience. He explained that he sees that Hungary and Poland have reservations about two pointsOne is legal certainty in the process of using EU funds and the other is respect for national sovereignty. He stressed that in both cases it is possible to develop a solution acceptable to all.
There was no significant part in the MTI reports, which were in turn in the Politico reports and perhaps this is the most important part of the whole case. According to his report, Portuguese Foreign Minister Augusto Santos Silva referred to a solution to the dispute that
Give a “guarantee” to Hungary and Poland,
ensure that the rule of law mechanism now in place is legally valid (the two Member States deny this because they believe it creates parallels with the rule of law procedure in Article 7, although this would require a unanimous amendment to the Treaty of the EU). In addition, the guarantee would cover which countries accused of violating the rule of law
they will have the opportunity to defend themselves and go to the Council and so on.
The rule of law mechanism already provides that if a Member State does not agree to a sanction against it, it may, in exceptional cases, place the matter on the agenda of the European Council of Heads of State and Government for its discussion, and as such meetings take place at least every 3 months. the matter would be brought to the main political forum within the deadline and sanctions cannot be enforced until directed by state leaders. The term “and so on” may also imply that the mechanism would also create a right of appeal to the Court of Justice of the European Communities.
And the Slovenian Foreign Minister, according to the report, said that a solution must be found that is acceptable to all citizens and respects the balance between the EU institutions and the Member States.
It is worth noting that in a letter from last week and then Thursday at the EU summit, the Slovenian prime minister spoke openly with the Hungarian and Polish prime ministers in the debate on the rule of law, emphasizing that there is truth in the two prime ministers who won the veto. Thus, as we have pointed out, Janez Jansa has covertly “registered” as the leader of a third Member State with the possibility of a budget veto. By comparison, the Slovenian Foreign Minister spoke today in a different tone, stressing that Member States have stepped in to follow the model of liberal democracy, but at the same time stressing the importance of a compromise on difficult negotiations.
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