Saturday, November 27

The European Chamber denounces the European Commission for not conditioning the funds to Poland

El president of the European Parliament, David Sassoli.

Months ago European Parliament began to demand by active and passive the European Commission to act firmly and activate the mechanism that from this year makes it possible to condition the delivery of European funds to the respect for the rule of law to protect the EU budget. After numerous warnings and in the absence of reaction on the part of the Executive of Ursula Von der Leyen, the president of the European Parliament, David Sassoli, decided ten days ago to move the file and entrust the chamber’s legal services with the preparation of a lawsuit against the Commission due to inaction of the Commission by not applying the conditionality regulation. The appeal to the Court of Justice of the UE has become effective this Friday.

“As has been requested in parliamentary resolutions, our legal services have filed a lawsuit with the Court of Justice against the European Commission for not applying the conditionality regulation. We hope that the Commission will act consistently and comply with what President Von der Leyen stated during the last plenary discussion on this issue. Words have to become deeds, ”Sassoli said in a brief statement.

The regulation, which was adopted last December in parallel to the budgetary framework for the period 2021-2027 and which came into force at the beginning of the year, it is an instrument that allows the EU suspend payments to Member States when governments do not respect democratic principles and the rule of law. “We have together adopted a European law that creates a close link between the protection of the EU budget and respect for the rule of law. This law is in force and we believe that the procedure should begin now ”, said Sassoli last week in the speech sent to the rest of European leaders during the summit in which the great majority, with Angela Merkel at the head, tried lower tension with Warsaw.

Nuclear button

The European Commission, as explained by the German to the plenary ten days ago, has three options on the table to respond to the last attack of the constitutional Court from wayward Poland. The first is to open a new infringement procedure against Poland for the ruling that questions the legal order in the EU and that could end in the long term in sanctions. The second is to reactivate Article 7 of the Treaty, the so-called nuclear button, which ultimately allows the EU to withdraw the right to vote in the Council but requires unanimity and has never been activated. And, the third, apply the aforementioned mechanism that allows freezing European funds.

The decision of the European Parliament to act against the Executive, backed two weeks ago by the legal affairs commission and the conference of presidents, he adds more pressure on Brussels that until now has said that it plans to maintain its commitment to wait and not activate the mechanism until the CJEU responds to the appeal presented by Hungary and Poland. The hearing took place in early October but the ruling will not come before end of year or early 2022. “We are not going to wait while the rule of law is destroyed in Europe. It’s time to act ”, claimed the German environmental MEP Daniel friend.

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