The case of a so-called conditional mechanism that allows you to collect money to break the rule of law. The sentences were appealed by Poland and Hungary.
Polish Commissioner Bogusław Majczyna of the Ministry of Foreign Affairs before the hearing said that Poland requests the abolition of the regulation Money for the rule of law. Due to the numerous legal flaws of this regulation, due to the violation of the principles of EU law, due to the lack of legal basis – Lists. Poland also considers the regulation to be discriminatory and imprecise.
The European Parliament, the European Commission, the Council of the Union, as well as 10 countries hold very different viewsWhich defends the conditional mechanism, ie against Poland and Hungary. These countries include Germany, France, the Benelux countries, Scandinavia, Spain and Ireland.
Representatives of the European Parliament and the Council of the Union primarily reject the argument of Poland and Hungary that the conditionality mechanism is an attempt to circumvent the Article 7 procedure of the EU Treaty. Both countries argue that since the Article 7 measure has not yielded results, as there is no adequate majority among EU countries for sanctions, EU institutions want to get the same thing, but using this mechanism.
The representative of the European Parliament argued that the two mechanisms are not related to each other, and have different goals and principles. The conditionality mechanism has been created for the proper implementation of the EU budget and its purpose is to protect the EU budget.
It stated that the discovery of a rule of law violation was not sufficient to suspend funds. It must be demonstrated that the breach has an impact on the implementation of the budget, so that the mechanism is preventive and corrective rather than punitive.As Poland claims.
At the session, a representative of each country and institution will speak, and the session will continue until the 19th. Judgment will be issued in a few months.
During the European Council in December EU leaders agreed on a policing mechanismTo be used to protect the Union budget in case of violation of the rule of law in member states.
His appeal was announced in the same month by the heads of government of Poland and HungaryMatthews Moravecci and Victor Urban. The complaint was submitted to the court on March 11, 2021.
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