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ECJ ruling: Von der Leyen's problem with the rule of law

2022-02-16T21:55:46.605Z


EU Commission President Ursula von der Leyen is now officially authorized to initiate rule-of-law proceedings against Poland and Hungary. But does she want it too?


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EU Commission President Ursula von der Leyen in the European Parliament

Photo: Jean-Francois Badias / dpa

The name of Lőrinc Mészáros is probably unknown to most EU citizens.

In Brussels, on the other hand, it is considered a synonym for corruption.

Mészáros is a school friend of Hungarian Prime Minister Viktor Orbán.

About ten years ago he ran a plumbing business.

Now he's a billionaire.

The assumption is that this could also have something to do with agricultural funds from Brussels.

As of today, Wednesday, the EU Commission has a legally secure means to take action against such alleged cases of corruption.

The European Court of Justice (ECJ) has declared the so-called rule of law mechanism adopted in December 2020 to be legal in all respects.

Poland and Hungary have failed across the board in their lawsuits against the regulation.

This is good news for the EU.

For the EU Parliament, the matter is now clear: the court ruling has finally removed the obstacle that the Commission itself had set up, says Parliament Vice President Katarina Barley (SPD).

Now, finally, proceedings must be initiated against the countries that violate the principles of the EU.

Von der Leyen is playing for time

Commission President Ursula von der Leyen, on the other hand, is still playing for time.

For months it was said that the Commission wanted to wait for the judgment of the Court of Justice before initiating a rule of law procedure.

Von der Leyen now explains that the Commission will first carefully examine the verdict.

It will also adopt guidelines to clarify how the rule of law mechanism can be applied in practice.

A Commission spokeswoman was unable to explain what is still to be examined, although the regulation has been declared legal in all aspects.

Nor did she have an answer to the question of why new guidelines were needed.

"The last excuse has been dropped," says Green MEP Daniel Freund.

"Frau von der Leyen must act quickly now."

But the position of the President of the Commission is not that simple.

She has reasons for her hesitation.

The ruling comes at a time when Europeans are struggling to maintain a unified position on Russia.

Is it wise to throw a case at the Poles in Brussels while at the same time assuring them that their partners are fully behind them?

The rule of law and the Ukraine crisis have nothing to do with each other.

But there is a political connection.

Scholz in the tradition of Merkel

This also explains why the federal government is acting extremely cautiously on this issue.

In the coalition agreement, the traffic light parties have committed themselves to fighting for the rule of law in the EU.

In practice, Chancellor Olaf Scholz has so far acted more in the tradition of his predecessor, Angela Merkel.

In Hungary there will be elections in April.

It is debatable whether an EU trial would benefit Orbán or harm him.

The consideration evidently made in the commission not to supply him with election campaign ammunition is, however, legitimate.

»The problem of growing authoritarianism in the EU cannot be solved with the rule of law mechanism alone.«

Brussels has not remained idle in recent months.

The Commission is holding back billions from the Corona recovery fund intended for Hungary and Poland.

This is financially painful for both countries.

The fines that the Polish government has to pay for ignoring ECJ judgments are also an important signal.

Nevertheless, Parliament is right in principle.

The rule of law mechanism was created to fight corruption and defend principles such as the independence of the judiciary.

It has to be used for that.

But a few weeks is not the point.

It is more important not to give the governments in Warsaw and Hungary ammunition for claiming that a western-leaning EU wants to impose its values ​​on eastern Europeans, through inordinate haste or exuberant rhetoric.

Tough ideologues are based in Warsaw

Orbán is a power-political opportunist.

He is susceptible to financial pressure.

In the Polish government, on the other hand, there are tough ideologues.

A procedure could strengthen them in their defiance.

A confrontation could also end up harming the EU itself.

Polish and Hungarian diplomats have repeatedly made it clear in the past few weeks that they are prepared to block the EU wherever unanimity is required in an emergency.

The other states would not have a handle against it.

In any case, the problem of growing authoritarianism in the EU cannot be solved with the rule of law mechanism alone.

The citizens of the federal states have to take care of that themselves.

Nevertheless, it is good that the EU Commission now has a sharp tool to punish violations of basic EU principles.

Now it's a matter of using it wisely.

Source: spiegel

All news articles on 2022-02-16

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