The Parliament has made an appeal before the Court of Justice against the Community Executive, which has not yet activated the mechanism of conditionality of aid to respect for the rule of law.
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This is the first time the European Parliament seizes the Court of Justice of the European Union (CJEU) of an appeal against the Commission. On Friday, October 29, David Sassoli, its chairman, announced that they took action against the Community Executive for the Non-Application of the Conditionality Regulations for the payment of the European Funds to the respect of the rule of law.
This mechanism, in application since 1 er January , allows The Commission Depriving a Member State whose practices would threaten the good use of public funds. Several countries, the first ranks of which the frugaux (Netherlands, Austria, Sweden, Denmark) and the European Parliament had made it a prerequisite for the adoption of the European stimulus of 750 billion euros, which completes the multiannual budget (2021-2027) Community of € 1,074 billion.
Poland and Hungary have challenged the legality before the EU Court of Justice and the twenty-seven are committed to it that it is not activated until Luxembourg judges have not been . The judgment is expected at the end of this year or early 2022. For the time being, the mechanism of conditionality to the rule of law was therefore not activated. “We can not ask Warsaw and Budapest to respect the rule of law, if ourselves do not respect it. The twenty-seven committed to wait for the judgment of the Court of Luxembourg. We must respect our commitments” , explains a diplomat.
To rule on Legality
In recent weeks, the relations between, on one side the EU, and on the other place Poland, whose independence of justice is compromised, and Hungary, where the fight against corruption leaves something to be desired , have deteriorated again. The Polish Constitutional Court, close to PIS, the Conservative Party in power, has even challenged, on 7 October, the primacy of European law, opening an unprecedented crisis between Brussels and Warsaw.
David Sassoli knows that his appeal before the court of Luxembourg will not be educated before the European judges decide on the legality of the conditionality mechanism. “If the commission activates the status mechanism before the procedure goes at its end, this remedy will no longer be”, recognizes the European Parliament. The latter “puts the political pressure. Otherwise no one will do it, the states hiding behind the Commission officials”, comments Macronier Mapépute Valérie Hayer.
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