Rule of law: the President of the European Court of Justice has ordered an expedited procedure

“Cases C-156/21 and C-157/21 Hungary and Poland v Parliament and Council concerning the conditionality mechanism for the protection of the EU budget in the event of a breach of the rule of law in a Member State the President of the European Court of Justice has ordered the use of the expedited procedure“- announced the European Court of Justice.

In matters the hearing on October 11-12, 2021 set out.

The purpose of the lawsuit is to determine whether the binding of EU funds to the rule of law is compatible with EU law, which is otherwise disputed by Hungary and Poland.

According to Judit Varga, this is absurd

Justice Minister Judit Varga commented on the European Court’s ruling on Facebook. In the post, he states that “the Court of Justice of the European Union has complied with the EP’s request and ordered that our action challenging the rule of law be dealt with under an expedited procedure.”

However, he called the decision absurd: “the panel could only decide on a simple procedural issue arising from the Sargentini vote in almost 3 years, but now devotes only a few months to deciding on one of the most important and complex legal issues in the history of the Union.”

Judit Varga believes that “the current procedure is also a shining example of a politically motivated conceptual process against us,” which, in her opinion, “shakes confidence in European cooperation as a whole.” He further added that “the Hungarian government still does not allow blackmail” and will represent Hungarian interests.

The history

The mechanism for linking budget payments to the fulfillment of a rule of law conditionality entered into force on 1 January 2021. However, no proceedings have yet been initiated under the new rules, following a request from the European Council to the Commission to postpone the application of the legislation until two Member States (Hungary and Poland) have brought the matter before the European Court of Justice (2021). 21 March) and until the Commission has developed specific guidance on the application of the legislation.

In a resolution adopted in March 2021, Parliament reiterated that the conclusions of the European Council on the mechanism had no legal force and set 1 June as the deadline for the Commission to adopt the guidelines. MEPs also asked the Commission to consult Parliament before adopting the guide.

The Commission indicated at a commission meeting on 26 May that it intended to consult Members in the first half of June. Meanwhile, this Thursday, the European Parliament instructed its President to call on the European Commission to fulfill its obligation under the Rule of Law Regulation within two weeks.

Meanwhile, Budget Commissioner Johannes Hahn indicated that the European Commission had prepared an informal draft guideline for the application of the mechanism, which would involve the EP and the European Council in the final version, which would be finalized in the light of the ECJ ruling. The Commissioner also indicated that proceedings under the mechanism would be launched in the autumn and that the procedure would cover 9 months from start to finish.


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