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The agreement reached yesterday between European leaders on the controversial mechanism for the protection of the rule of law certainly does not allow the dismissal of a matter destined to end in the EU courts. Poland, which together with Hungary had vetoed the entire EU budget, has already announced legal actions against the system that will block EU funds from countries that do not respect the independence of the judiciary and the media and that do not fight against irregularities financial statements such as fraud or corruption. “We will bring the rule of law mechanism to the Court of Justice of the European Union” to “check whether it complies with EU law,” the Polish prime minister announced last night. Mateusz Morawiecki. “Hungary is a great country that deserves fair treatment,” added the Hungarian prime minister. Viktor Orban.
The battles of Visegrad
The two “villains of the European summit”, as one EU diplomat calls them, held a joint press conference to vindicate the goals achieved in their battle against the EU’s values protection mechanism. “I don’t remember any negotiation as difficult, tense and strong as today,” Orban told reporters. “Poor Mateusz, our commander of Visegrad,” he added referring to the Polish Prime Minister, leader of the most populous country among the 4 of the Visegrad group (Poland, Hungary, Czech Republic and Slovakia), for years on the barricades to defend their respective Countries with attempts to further integrate the EU that make Europe a political entity and not just an economic one.
The exit proposed by the Germans
After weeks of tug of war and threats from Budapest and Warsaw, it was Germany, the current president of the Council of the EU, who put on the table a compromise proposal that brought all states in agreement. The ok within the year to the floor Next generation UE and the risk avoided of the interim exercise on the 2021 budget comes in fact thanks to the German proposal that, according to EU sources, has not been modified compared to the leaked draft before yesterday’s summit. The revised rule of law protection mechanism to comply with the two rogue countries legally interprets the basic text approved by the Council and the European Parliament, resulting in the suspension of the proceedings against the countries subject to the Commission until the Court of EU justice decides on the legitimacy or not of the instrument, an EU source had explained before the summit. A kind of ‘question of constitutionality’, but raised at the European level where the fundamental charter is the Treaties. The proposal of the German presidency “does not touch a comma in the agreement between the European Parliament and the Council”, say diplomatic sources who have read the five pages proposed by the German presidency.
Two years ‘given’ to Orban
The gaze is now set on the European Parliament, which next week will have to accept the ‘interpretative’ modification of the basic text and on the Court of Justice of the EU, which will have to issue the first appeal on the instrument, which will be presented to the judges for the Warsaw government. . From a theoretical point of view, EU leaders would have no jurisdiction over the text of the rule of law. As the President of the European Parliament recalled David sassoli, the mechanism was born as a regulation of the EU co-legislators of the European Parliament and of the Council. Some observers now point out that the EU Court will only speak in a year and a half or two: the time it takes for the Hungarian leader Orban to reach the next elections and regain the trust of Hungarians with the same methods of government from “State. antiliberal ”as he himself stated on several occasions.
