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It describes the declaration on the rule of law adopted by the leaders of the EU27 as “redundant in content”, “does not consider it legally binding for the European Commission in its implementation” and provides for the start of an emergency procedure before the Court of Justice of the European Union on a four-part draft resolution that the European Parliament will vote on Wednesday, Bruxinfo wrote late Monday.
The draft resolution presented by the European People’s Party, European Socialists and Democrats, Liberals and Greens already questions the right of the European Council to interpret the legislation and warns the other two institutions that it has several legal instruments to enforce the legislation of the European Union. .
“The European Commission is subject to the law at all times and in all circumstances, because it is law”
The quadripartite draft draws attention to the fact that “the application, purpose and scope of the rule of law” are clearly defined in the legal text of the regulation and “the content of the conclusions of the European Council on the regulation is redundant” writes Bruxinfo.
“Therefore, any political declaration adopted by the European Council cannot serve to interpret the legislation, since its interpretation corresponds solely to the Court of Justice of the European Communities.”
– is in the resolution.
In the resolution, the EP will also confirm that if a Member State brings an action before the Court of Justice of the European Communities, “Parliament will defend its validity before the Court and will expect the Commission to act in support of Parliament’s position.” In this case, according to the draft text, the EP will request an emergency procedure from the Court of Justice of the European Communities, reports Bruxinfo.
Therefore, the declaration is made clearly to the President of the Commission, it is up to him to abide by the agreement reached by the Council of Europe, because it does not have binding legal force for him.
The statement seeks to persuade Ursula von der Leyen to endorse the original strict version of the rule of law mechanism, endorsed by Parliament, in defiance of the Council of Europe recommendation.
He was also reminded that the Commission had been elected by Parliament and was therefore accountable to Parliament. However, this resolution, like the Council of Europe resolution, does not have legal force either.
Mandiner-based Bruxinfo
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