A majority in the European Parliament called on Thursday 11 March in plenary for the immediate application of the provisions of the regulation on a general system of conditionality for the protection of the Union’s budget (see EUROPE 12620/1).
The Assembly is also considering requesting an accelerated procedure before the EU Court of Justice.
During the plenary debate, Poland and Hungary did confirm that they were taking the regulation to the EU Court of Justice to have it annulled. Poland filed such an appeal on Thursday, while Hungary will do so “this week”.
The European Parliament will request a fast-track procedure in court. Reacting after the plenary debate, Petri Sarvamaa (EPP, Finland) said: “I welcome that the EU Court is going to issue a clear judgement on the Regulation. This should ensure that the rules are respected. We drafted them as legally robust and generally applicable to any Member State”. The EPP will initiate a request from the European Parliament for “a fast track procedure before the courts. And I am sure that several Member States will stand behind us in this process”, added Mr Sarvamaa.
During the debate, Terry Reintke (Greens/EFA, Germany) stressed that the European Parliament will vigorously defend the validity of the regulation and will ask for an accelerated procedure in the EU Court of Justice.
For Dacian Cioloș (Renew Europe, Romania), “the legal challenge of the Hungarian and Polish governments will not go unanswered”. Renew Europe therefore expects the European Parliament to defend the validity of the regulation before the Court and will ask “that the procedure be accelerated”. And Mr Cioloș put pressure on the Commission: “We expect the Commission to do the same and to act immediately to implement the regulation or face legal action”.
Bringing Poland and Hungary to heel. For Jérôme Rivière (ID, France), in the opposite camp, it is a “political text to bring Hungary and Poland to heel” and impose on them “the idea of progressivism”.
“Poland is against this kind of mechanism” confirmed Joachim Brudziński (ECR, Poland). The EU institutions must follow the “strict conditions” laid down in the European Council conclusions, he said: presentation of the guidelines, followed by their approval by the Member States and taking into account the judgement of the EU Court of Justice.
The Commission is cautious. Johannes Hahn, the Budget Commissioner, said: “Should the conditions for applying the mechanism be fulfilled, the Commission will open proceedings”.
The Commission is preparing guidelines for the application of the Regulation. At the same time, it “is actively assessing information from sources cited in the regulation to identify possible breaches of the principles of the Rule of law that would be relevant under the new regulation”, Hahn stressed.
“When concerns arise, discussions with Member States will commence without undue delay”, he said.
“We want to establish fair, transparent and proportionate guidelines for this new mechanism”, he continued. Should the validity of the regulation be challenged before the Court of Justice (the deadline for referral to the Court is 15 March), “the guidelines will take into account the Court’s judgement insofar as relevant”, he confirmed.
Taking into account the conclusions of the European Council and its own declaration, “the Commission does not expect to propose measures under the regulation before adopting these guidelines”.
The Commission will inform the European Parliament whenever it initiates a procedure, the Commissioner said. This text will apply from 1 January 2021, Mr Hahn stressed. “No case will lose out. If the right conditions are met, the Commission will initiate a procedure” was his assurance.
On 24-25 March, in plenary, the European Parliament will vote on a resolution on this much talked about mechanism. (Original version in French by Lionel Changeur)