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EU Commission President Ursula von der Leyen
PHOTO: RONALD WITTEK/POOL/EPA
The EU Commission President Ursula von der Leyen wants to initiate the so-called rule of law mechanism against Member State Hungary for the first time.
DER SPIEGEL learned this from people in Brussels who were in charge of the matter.
The mechanism provides for cuts in funding if member states breach EU law.
The mechanism has been anchored in the multi-annual EU budget since early 2021.
It allows the withdrawal of funds for countries where problems with the rule of law principles endanger the legitimate use of EU budget funds.
The EU Commission can then propose reducing the payment of funds from the EU budget.
For the first time, the EU has an effective tool to sanction governments that undermine the rule of law in their own country, for example by forcing judges and public prosecutors under political control.
Poland and Hungary have been accused of this for years.
Both countries had also – unsuccessfully – sued the European Court of Justice (ECJ) against the introduction of the rule of law mechanism.
Five billion euros at stake
The governments of both countries had always rejected the allegations.
Among other things, they accused the EU of wanting to use the instrument as a back door so that both countries could also be punished for other violations or unpopular behavior within the EU.
The ECJ dismissed the lawsuit in mid-February.
The EU Commission had not yet introduced the clause, also known as the conditionality mechanism.
She wanted to wait for the judgment of the ECJ, now the mechanism is to be set in motion with a view to Hungary.
The EU Commission had already sent blue letters to Warsaw and Budapest at the end of November - as the first preliminary stage of the procedure.
It is about several billion euros that could be cut: Hungary received around five billion euros from EU pots in 2019.
mrc/ran