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On Monday, October 11, the positions on this issue were presented by the government commissioners in Warsaw and Budapest. union The ten institutions and countries that support it. Polish commissioners rz ± du They emphasized that the new regulations had numerous flaws, were incompatible with EU treaties, had no legal basis, and were an attempt to circumvent the ineffective procedure in Article 7. They drew attention to overly general provisions that gave room for interpretation and cast doubts regarding the definition of the rule of law.
Representative of the Ministry of Foreign Affairs: Everyone agrees that the rule of law must be respected
Bogusław Majczyna with Ministry of Foreign Affairs After the hearing, he said, the other party had not responded to basic claims about the mechanism’s discretion. “Because, of course, in terms of rules, everyone agrees that the rule of law, the rule of law, democracy and pluralism must be respected, while the problem begins when an institution is allowed to make a very specific assessment in cases Whether this is really respectable and then there is also a problem of judicial oversight of such discretionary decisions ”- said Bogoslav Magshina.
Representatives of the EU institutions refuted the allegations of Poland and HungarianDemonstrate that the new mechanism is punitive in nature. They said that the purpose of the new rules was to protect the EU’s finances and the European budget from wrongdoing and that the mechanism was preventive and corrective, not retaliatory.
Money for the rule of law. When is CJEU’s decision?
On Tuesday, October 12, no decisions will be made yet – on that day the parties will answer questions from the judges of the court. In a few weeks we will get to know the opinion of the attorney general who will be a motion to the judges and a verdict. court of justice We can expect early next year.
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