On Thursday 17 December, the European Parliament considered that the content of the European Council’s conclusions of 11 December on the Regulation on a general regime of conditionality for the protection of the Union budget is “superfluous” (see EUROPE 12624/11).
It argued, in a resolution tabled by the EPP, S&D, Renew Europe and Greens/EFA groups and adopted in plenary (496 votes in favour, 134 against and 65 abstentions), that the applicability, purpose and scope of the Rule of Law Regulation are clearly defined in the legal text of the Regulation.
It recalls that, in accordance with Article 15(1) of the TEU, the European Council shall not exercise legislative functions and considers, therefore, that any political declaration by the European Council cannot be deemed to represent an interpretation of legislation as interpretation is vested with the European Court of Justice.
MEPs stress that the co-legislators agreed that the Regulation on a general regime of conditionality will apply from 1 January 2021 and expect the Commission to ensure the full application of the Regulation from the agreed date. They affirm that, if a Member State brings an action for annulment of the Regulation or the parts thereof, Parliament will defend its validity before the Court and expects the Commission to intervene to support Parliament’s position. (Original version in French by Lionel Changeur)