[ad_1]
During yesterday’s meeting of the European Council, the body that includes the Heads of State and Government of the European Union, Hungary and Poland withdrew the veto they had placed on the approval of the 2021-2027 multi-annual budget of the Union for the introduction of a new mechanism that links the disbursement of European funds to respect for the rule of law: it was a big problem, for two states led by semi-authoritarian governments whose economies depend heavily on European funds.
The two countries were persuaded to approve the budget after the other 25 agreed to sign a declaration of intent in which they explained that the mechanism will be applied without prejudice, that it will be linked exclusively to European funds, and that it will come into force later. a judgment of the Court of Justice of the EU, the court that deals with resolving issues relating to European standards The multi-year budget, which also contains the so-called Recovery Fund and has a total value of 1,842 million, has been formally approved and, barring surprises, will enter into force on January 1, 2021.
Europe advances!#EUCO agreement on the next EU budget and #NextGenerationEU.
€ 1.8 trillion to boost our recovery and build a more resilient, greener and digital EU.
Congratulations to the German Presidency of the Council @ EU2020DE !
– Ursula von der Leyen (@vonderleyen) December 10, 2020
The text of the declaration of intent has not been made public because the Council is still in progress: after deciding to postpone until March a decision on new sanctions against Turkey, a compromise is sought on the Climate Law, the legislative pillar of the Green Deal. European.
– Read also: Four issues on which Europe must decide soon
Experts on the rule of law, the main international human rights organizations and independent EU authorities agree that several Eastern member countries, mainly Hungary and Poland, but also the Czech Republic, Bulgaria and Romania, have enormous problems in the respect for the independence of the judiciary and the courts, in guaranteeing the transparency of the measures taken by the government and in the protection of the rights of minorities and political opponents. However, until now, the measures taken by the Union have been ineffective: European treaties had not foreseen that one or more countries could assume a semi-authoritarian leadership once they joined the European Union.
– Read also: Why doesn’t the EU expel Hungary and Poland?
The draft declaration on the new mechanism has circulated among journalists who have followed the European institutions since Wednesday night, and it appears that it has not been modified during the discussion. The most disputed point concerns the participation of the Court of Justice. For some experts, it will be at least two years before an appeal is filed and examined by the Court: this would lead to at least 2022, and the first sanctions could come a year or two later. the Financial times He noted that parliamentary elections in Hungary are scheduled for 2022, in which Viktor Orbán will likely seek re-election. However, according to the European Commission, the entry into force of the new mechanism will be a matter of “months”.
The EU ambassadors in Brussels are now meeting to discuss the interpretative declaration of ????????????????. This section, on the role of the ECJ in judging the legality of the mechanism before it is activated, must have the support of the rest of the EU25. pic.twitter.com/vBFo54TNkz
– Mehreen (@MehreenKhn) December 9, 2020
Following the approval of the budget agreement, Hungary and Poland explained that they consider the declaration of intent a victory. This is not the case: the text of the agreement reached a month ago by the European Parliament and the Council of the European Union has not been modified, and the mechanism will effectively enter into force together with the new budget, that is, on January 1, 2021 Furthermore, it was obtained that the mechanism will be retroactive: in fact, it will also refer to violations of the rule of law committed before the judgment of the Court of Justice.
However, there is little doubt that the Court can reject the new mechanism, which once it enters into force will greatly facilitate the suspension of European funds for Eastern countries that do not respect the independence of the courts, freedom of the press and rights. of minorities, such as Poland and Hungary. Sanctions will have to be proposed by the Commission and approved by a qualified majority in the EU Council, where Western European countries have a large majority.
[ad_2]
