The majority of European Parliament MEPs are unwaveringly expecting the implementation of the Regulation linking the disbursement of EU funds to respect for the Rule of law at the beginning of 2021.
In a debate on the outcome of the European Council of 10-11 December, which paved the way for the adoption of the package (Multiannual Financial Framework, Economic Recovery Plan and the “Rule of law mechanism”), several MEPs criticised the respite given to Poland and Hungary by allowing them to appeal to the European Court of Justice while avoiding sanctions (suspension of EU funds) during the proceedings.
A European Council we will always remember. This was stated at the outset by Charles Michel, the President of the European Council. “Our 1.8 trillion euro agreement came with the conditionality for the protection of our budget. It was a collective decision by all 27 leaders taken last July but two Member States could not approve the package. We found a way to unblock the situation. The adoption of the Regulation on a conditionality mechanism is now under way”, summarised Mr Michel.
On behalf of the German Presidency, Michael Roth, German Minister of State for European Affairs, said that the EU is not only a single market, it is also a community of values and rights. “I am defending this compromise, because we did not touch the text and it helps to ease people’s minds”, he said. “The EU Court of Justice will decide whether what we have negotiated is in line with the Treaties”, Mr Roth said, referring to the annulment proceedings before the Court that Poland and Hungary are expected to launch over the Regulation.
From next year onwards, money from the 750 billion euro Recovery Plan will be disbursed very quickly to mitigate the economic and social effects of the Covid-19 crisis, Mr Roth predicted.
Manfred Weber (EPP, Germany) recalled that the “Rule of law mechanism” was a red line for Parliament. There must be an independent European Commission ready to implement the mechanism from day one, he stressed. He welcomed the Commission’s clear commitment in this regard.
For Dacian Cioloş (Renew Europe, Romania), it is necessary to respect the Treaty and, therefore, to apply as soon as possible the Regulation on the Rule of law as decided between the co-legislators.
No to the respite granted to Poland and Hungary. Ska Keller (Greens/EFA, Germany) denounced taking the Recovery Plan hostage orchestrated by Poland and Hungary to defend an “undemocratic” agenda. She also criticised the European Council’s attempts to interpret the law, referring to the conclusions of the European Council of 10-11 December on the ‘Rule of law mechanism’.
What is “more worrisome”, she said, “is the role of the Commission in this issue, which should, as guardian of the Treaties, reaffirm that it intends to apply the law to the letter and without delay”, Ms Keller went on to say. The Commission does not have to wait for a ruling from the Court of Justice before publishing the guidelines, she concluded.
Manon Aubry (GUE/NGL, France) criticised members of the European Council for “giving ground in the face of blackmail from the far right by agreeing to push back and weaken” the mechanism. “Little Red Riding Hood was eaten by the wolf Viktor Orbán”, she fired. She considered that the respite granted to Poland and Hungary “will set a precedent for all those who embark on the path of authoritarian drift”.
Marco Zanni (ID, Italy) said that “it is the Member States that legitimise the EU, not the other way round”.
The Commission reassures. Ursula von der Leyen, President of the Commission, assured that the Regulation “will apply from 1 January 2021. And any breach that occurs from that day onwards will be covered”. The Commission will adopt guidelines on the Regulation, which will not change the law, she assured. “And it is only natural that if there is a court case on the underlying law, we take the European Court of Justice judgment into account in finalising the guidelines”, the President concluded. (Original version in French by Lionel Changeur)