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The German government that holds the rotating EU presidency has come up with a more flexible compromise proposal on how the rule of law should be taken into account in the allocation of EU funds. The Brussels edition of Politico also received a proposal for the allocation of resources for the next seven-year budget and the post-epidemic recovery fund, which will be discussed by representatives of member states on Wednesday.
The term “rule of law” has been removed from the title of the German compromise proposal and will instead refer to the “general conditions for the protection of the EU budget”.Unlike previous versions, the EU would not penalize “general deficiencies of the rule of law” but “breaches of the rule of law”, and it was also removed from the proposal that they could take action against a country due to the “risks” of violate the rule of law.
The part on ensuring the independence of the judiciary has also been removed from the text, but it is still necessary to ensure the functioning of the bodies that execute the EU budget, the investigating and prosecuting authorities.
It is also a novelty in the German proposal that a Member State that has presented a fine can go to the Council of Heads of State and Government if its leaders consider that the EU does not want to fine on the basis of objective and impartial criteria.It is not known which system should be used to decide on complaints within the council, but Népszava’s article reminds us that this council is often characterized by unanimity. This, in turn, could hamper accountability for the rule of law for a long time.
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