Poland and Hungary are suffering from a retreat due to legal opposition to the rule of law in the EU

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Hungary’s and Poland’s legal objections to the EU’s crackdown on the rule of law have suffered a serious setback after legal opinions recommended that their claims should be dismissed.

The EU advocate, General, has found that the conditional mechanism of the new law, which seeks to protect Block’s budget from violations by Member States, is legally sound and compatible with EU treaties.

The conditionality mechanism was agreed by the EU last year as part of a budget transaction that led the block’s € 800 billion recovery fund. Poland and Hungary then launched a legal challenge seeking to invalidate the rule, alleging that the rule did not conform to the treaty and violated the principle of legal certainty.

The European Commission’s main concern about Poland is focused on the threat to the independence of the country’s judiciary by the ruling party of law and justice, which is the subject of a long-running battle between Brussels and Warsaw.

Poland is under pressure from the EU to dismantle a controversial disciplinary action room for judges that the European Court of Justice has determined to be illegal. In October, the Polish Constitutional Court admitted that some EU law did not conform to the national constitution and raised stakes further.

The Commission called on Budapest to provide an explanation for the “permanent” flaws and weaknesses in the country’s procurement rules that are raising concerns about corruption related to the diversification of EU funds.

Thursday’s recommendation by advocate Manuel Campos Sanchez Boldna is not binding on the European Court of Justice, but it does show where the final decision of the court can go. If this opinion is confirmed by the court in the coming weeks, the Commission will initiate formal proceedings against Hungary and / or Poland, alleging that it has endangered EU funds on suspicion of violating the rule of law. Will remove the political obstacles to.

It will be a matter of tens of billions of euros of EU funding to each country.

The proponent’s general did not conflict with the existing sanctions mechanism under Article 7 of the EU Treaty, establishing a “sufficiently direct link” between the rule of law violation and the implementation of the EU budget. I found that.

Poland’s Deputy Justice Minister Sebastian Caleta argued Thursday, arguing that the proposed regulation was “against the treaty” and said the opinion was “one of the worst days in EU history”. ..

Assuming the ECJ follows the opinion of the Justice Officer, this should clarify how the Commission initiates formal proceedings under a conditional mechanism.Sent by Brussels letter Last month, we presented both Poland and Hungary with an informal step in that direction with a detailed list of questions about possible violations of the rule of law.

Hungarian Minister of Justice Judit Varga said on Facebook: Its legal basis is incorrect, it avoids treaties and violates the basic requirements of the rule of law, especially the principles of legal certainty and clarity. “

Poland’s Caleta told the Financial Times that the general opinion of the proponents admits that “EU funds are blocked on the basis of arbitrary and political decisions.”

He added: “As Poland, we cannot accept that such a mechanism, in fact a political extortion mechanism, could be used in the families of equal partners. From now on, the rules of equality between member states lose.”

Poland and Hungary are suffering from a retreat due to legal opposition to the rule of law in the EU

Source link Poland and Hungary are suffering from a retreat due to legal opposition to the rule of law in the EU

The post Poland and Hungary are suffering from a retreat due to legal opposition to the rule of law in the EU appeared first on Eminetra.

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