The President of the European Council, Charles Michel, opened a small door, on Friday 4 December, to consider some of the requests from Hungary and Poland that criticise the envisaged mechanism for suspending EU funds in the event of failure to respect the Rule of law.
Hungary and Poland are blocking the adoption of the 2021-2027 Multiannual Financial Framework (MFF) and the EU Recovery Plan in order to obtain an amendment to the text on the table on Rule of law conditionality (see EUROPE 12613/6).
Asked on Friday about possible solutions ahead of the European Council on 10-11 December, Charles Michel said: “Concerns were expressed that the proposed mechanism could be used arbitrarily. We will see if we can allay fears, because the Rule of law is about putting an end to arbitrariness and ensuring respect for equality so that everyone can be treated equally”.
The European project’s DNA. He reiterated that “we are facing an obstacle”, after the leaders’ agreement of 21 July on the MFF and the Recovery Plan. But “we are still engaged in negotiations under the leadership of the German EU Council Presidency, which is fully committed. The issue of the Rule of law and European values is essential, because it touches on the DNA of the European project. We must be very determined, vigilant and committed”, insisted the President of the European Council. For this reason, in July, “we all agreed that we needed to address the issue of the link between mobilising financial resources and the question of the Rule of law and governance”, he said.
He said he is “optimistic, and I hope that in the next few days we will be able to solve the problem”.
Mr Michel refused to comment on the threat to move forward on the Recovery Plan through enhanced cooperation with 25 Member States, which would set aside the two recalcitrant countries. The priority remains the full implementation of the July agreement on the MFF and the Recovery Plan, Mr Michel insisted.
“We are facing a difficult problem. We are ready to engage in dialogue with Hungary and Poland, because it is important for everyone to find a solution”, said a European source.
Threats from the EPP. The EPP group in the European Parliament said on Friday that it is prepared to consider moving forward without Poland and Hungary. “We want to keep Europe united. But if governments reject the basic foundations on which the EU was built, we are prepared to consider moving forward without them”, said Manfred Weber (EPP, Germany), shortly after Hungarian Prime Minister Viktor Orbán confirmed his veto and called on Poland not to give in.
“An historic agreement is on the table. The attempt to block this package and deny citizens and businesses urgently needed funds is irresponsible”, said Mr Weber.
The European Commissioner for the Economy, Paolo Gentiloni, also made this threat on Friday morning.
Many hope that the situation will be unblocked by the European Council of 10-11 December at the latest, for example through a political declaration that would guarantee “non-arbitrary” use of the mechanism. It would recall that the mechanism is to be mobilised in the event of breaches of the Rule of law with an impact on the EU budget, and that the Regulation allows the country concerned to bring an action before the Court of Justice of the EU.
Poland indicated that it could be satisfied with such a statement. But Hungary, for its part, shows no signs of bending and does not want a simple declaration.
MEPs, for their part, refuse to reopen the debate on the Rule of law mechanism, which was the subject of an agreement between the three EU institutions. (Original version in French by Lionel Changeur)