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The European Parliament is exerting pressure on the EU Commission: by means of a complaint for failure to act, the authority is to be urged to apply a new regulation in order to punish violations of the rule of law in EU countries.
The regulation stipulates that EU countries can reduce funds from the Community budget if there is a risk of misuse of the funds due to violations of the rule of law.
The European Parliament has now initiated a corresponding procedure.
This is particularly explosive because, following an agreement between the heads of state and government, the EU Commission should actually only take action once the European Court of Justice has ruled on a complaint by Hungary and Poland against the new regulation.
This concession made the governments in Budapest and Warsaw last year abandon their blockade of important EU budget decisions.
Hungary and Poland oppose the rule of law clause
Hungary and Poland assume that the so-called conditionality mechanism, which links financial aid to rule of law standards, is not compatible with applicable EU law.
From the Polish point of view, only “objective and specific conditions” may apply to the allocation of money from the EU budget.
The EU has no authority to define the term "rule of law", it is said.
With the cross-party resolution from the European Parliament, the compromise agreed between the heads of state and government last December is now to be undermined.
It argues that the regulation for the conditionality regulation entered into force on January 1, 2021 and has been applicable since then.
Specifically, Parliament's President David Sassoli should now call on the Commission to use the new mechanism immediately.
Should the authority not respond satisfactorily within two months, an official complaint could be brought before the European Court of Justice.
This would then have to decide whether the Commission has to act or whether it can adhere to the decision of the heads of state and government.
The motion for a resolution on the inaction procedure was adopted by a large majority on Thursday afternoon.
506 MPs voted in favor, 150 against and 28 abstained.
The text had previously been negotiated by representatives of the Christian Democratic EPP, the Social Democrats, the Liberals, the Greens and the Left.
Commission upset about transaction
For Ursula von der Leyen's EU Commission, Parliament's move is annoying. She had supported the compromise between the heads of state and government last year and argued that not a single case would be lost due to the delay. In addition, the responsible budget commissioner Johannes Hahn recently pointed out that a draft for application guidelines for the regulation should be presented in the coming week.
MEPs only see this as a diversion.
Providing guidelines will not be accepted as action, said FDP MP Moritz Körner on Wednesday.
The Green politician Daniel Freund said: "We want the Commission to finally take all steps to defend the rule of law and democracy." Failure to do so could cause irreparable damage.
Any sanctions could primarily affect those countries that bring legal action against the regulation before the ECJ.
Both Hungary and Poland have long been accused of unduly expanding their influence over the judiciary.
In addition, restrictions on freedom of the media and insufficient protection of minorities are criticized.
EU urges Poland to recognize primacy of EU law
EU Justice Commissioner Didier Reynders recently asked Poland to recognize the primacy of EU law over national law.
Specifically, Reynders appealed in a letter to the Polish Minister for European Affairs Konrad Szymanski to withdraw a submission by the government to the Polish Constitutional Court on March 29 to review this principle.
Only on Wednesday did the Commission initiate proceedings against Germany because the Federal Constitutional Court disregarded a ruling by the European Court of Justice with a ruling on the European Central Bank in 2020.
The situation in Poland described by Reynders is similar.
Reynders asks Szymanski to answer within a month.
The company reserves the right to take the steps provided for in the EU treaties if necessary, it said.
In addition, in the dispute over alleged conflicts of interest of the Czech Prime Minister Andrej Babiš, the European Parliament brought the new rule of law into play.
A resolution adopted on Thursday said the commission should also investigate Babiš's influence on the media and the judiciary.
If there are violations of the rule of law, she should activate the mechanism.
mfh / dpa