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The European Parliament (EP) questions the validity of the declaration of the European Council (EC) suspending the procedure of the rule of law pending the approval of the Court of Justice of the European Union, contained in its resolution on the budget seven-year framework of the European Union and the one adopted by the EP in its plenary session on Thursday.
According to the resolution adopted by 496 votes to 134 and 65 abstentions, the European Council, which brings together the leaders of the Member States in the framework of the EU Treaties, does not have a legislative function and, therefore,
no political statement can be construed as an interpretation of the law.
They stated that the European Commission is completely independent and the Council’s conclusions
it cannot be binding on the EU committee when applying legal acts.
In his view, the part of the final declaration adopted at the December EC summit that the committee should not apply the rule of law procedure until the court has decided to annul or maintain the procedure is superfluous.
The agreement between the EP and the ET is clear: the mechanism will enter into force on January 1
– stressed. According to the EP, the unanimity rule in Council decisions is outdated and counterproductive. MEPs regretted that, due to the unanimity rule, the Council had unduly delayed, among other things, the adoption of the budget and the decision on own resources. The upcoming conference on the future of Europe should also address these obstacles, said MEPs.
They added that the package on the 2021-2027 multiannual financial framework, the inter-institutional agreement, the fund to repair the damages caused by the coronavirus epidemic and the regulation of the rule of law are of historical importance.
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