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German proposal for EU rule of law mechanism: In the fabric softener against Orban and Co.

2020-09-28T18:50:45.299Z


If a country violates the rule of law, it should be possible to cut EU payments - according to a draft of the German Council Presidency. But it is weakened at crucial points.


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Chancellor Merkel, Hungarian Prime Minister Orbán (2019): Serious differences in the EU

Photo: BERNADETT SZABO / REUTERS

What does the future multiannual budget of the European Union look like?

And how does the EU organize financial aid in the corona crisis?

Negotiations on this between the European Parliament and the German Council Presidency are entering a decisive phase.

Immediately before the negotiators' meeting on Monday afternoon, German diplomats sent the draft for a future rule of law mechanism to the EU partners.

A key point: For the first time, the payment of EU money is to be made dependent on whether the recipient adheres to the rule of law.  

At their summit in mid-July, the heads of state and government decided to spend around 1.8 trillion euros from 2020 to 2027.

This is primarily intended to combat the corona-related economic crisis.

For the first time, Europe should jointly take on debt for a precisely defined purpose in order to help countries such as Italy, which were particularly hard hit by the corona crisis - that was a great promise made by Chancellor Angela Merkel.

But there was another.

In order to convince countries that the crisis aid is going too far, a so-called rule of law mechanism should be adopted.

A corresponding draft regulation by the EU Commission has been bobbing around in the Council, the body of the member states, since 2018.

The Germans, who currently hold the rotating EU Council Presidency, have now re-submitted this proposal - albeit with a few decisive changes.

The barriers to stopping payments are getting higher

It emerges from the draft that, unlike in the Commission proposal, payments should not be stopped automatically in the future (with the possibility for the Council to reverse the deletion with a qualified majority).

Rather, such a qualified majority is necessary in order to trigger the cuts in the first place.

This raises the hurdles to cancel money for Hungary and Co. if necessary.

As a look at the text of the law shows, the Germans also come to terms with Viktor Orbán at another point.

For example, a country that does not agree to the reduction in funds should be given the right to appeal to the European Council.

Until he has dealt with the matter, no decision on cuts should be made.

This paragraph is a clear concession to Orbán, a kind of emergency brake: the Hungarian cannot be overruled at meetings of the heads of state or government because unanimity is required.

Chancellor Merkel personally intervened in order to resolve the conflict over the rule of law mechanism and corona aid.

According to SPIEGEL information, she spoke to Orbán on the phone last week about the subject. 

It is unbearable that those who destroy democracy can continue to finance their networks with EU money. " 

Franziska Brantner, European expert for the Greens in the Bundestag

It should be noted in the draft that every formulation was fought for.

This is also evidenced by a document in which the changes made by the German Council Presidency can be tracked and which is available to SPIEGEL.

The reference to "fundamental deficiencies" in the rule of law as a trigger for cuts has been removed.

Overall, the German proposal shifts the focus from general, systematic violations of the rule of law to the illegal use of EU money.

"As long as a country ensures that EU funds are used in accordance with the rules, it can curtail the independence of the judiciary without financial restrictions," says Lucas Guttenberg, deputy head of the Jacques Delors Center at the Hertie School in Berlin.

A tougher mechanism would have no chance of a majority

No wonder that the design does not meet with everyone's approval.

The heads of the large parliamentary groups in the European Parliament, including Manfred Weber from the CSU, had already informed Merkel and Commission head Ursula von der Leyen that they only wanted to accept a mechanism in which constitutional offenders automatically receive less money.

There can be no question of that.

Franziska Brantner, the Greens' Europe expert in the Bundestag, told SPIEGEL: "This softened mechanism is a buckle to Viktor Orbán. It is unbearable that those who destroy democracy can continue to finance their networks with EU money."

On the other hand, a mechanism that immediately sanctions Hungary, Poland or the Czech Republic would have no chance of a majority.

Because the corona crisis has changed the balance of power in the EU in favor of Orbán and his allies, at least temporarily.

The law on the rule of law mechanism can be passed with a majority.

However, since the financial architecture of the EU is fundamentally changed for corona aid, almost all parliaments of the 27 EU countries have to agree.

If you want to prevent a strong rule of law mechanism, you only have to threaten with a veto for the corona aid.

Hungary and Poland have long been doing this.

It is unlikely that Orbán will accept the current, somewhat softer design.

According to information from SPIEGEL, he has already signaled that he also rejects this draft.

This shows the difficulties Merkel is in as President of the Council.

Will there be any further changes to secure Orbán's Place?

Decision on corona aid and multi-year budget should come in October

Already at the summit in summer it was noticeable what Orbán claimed after a conversation with Merkel: The Chancellor had agreed to discontinue the Article 7 rule of law proceedings against Hungary, which is currently stuck in the Council.

In theory, an EU country could lose its voting rights at the end of the process.

In practice, Orbán did not fear much, since here too a unanimous decision is necessary at a certain stage.

Nevertheless, Orbán is annoyed when Hungary, along with Poland, is repeatedly on the agenda of EU councils as an offender of the rule of law.

Merkel did not directly deny Orbán's statements in her press conference after the summit, but emphasized whether the proceedings would be discontinued was due to the Hungarians themselves.  

People in Brussels are familiar with the difficult situation.

And time is running out.

Ideally, the European Parliament should approve corona aid and the multi-year budget in October so that the money can flow from the beginning of 2021.

Some EU politicians would therefore be happy if, in the end, a rule of law mechanism emerged for the first time.

These include Vera Jourová, Vice Commissioner responsible for values ​​and the rule of law.

"If we could grab countries that systematically violate the rule of law by their wallets for the first time, that would be a great success," she said in an interview with SPIEGEL.

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Source: spiegel

All news articles on 2020-09-28

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