Rule of Law Resolution
Today, Thursday, the European Parliament will vote on a resolution that sets a deadline for the Commission to apply the rule of law mechanism (A clear majority in favour is expected in the plenary). By June 1st, the Commission must report to the Parliament on when and how it plans to apply the mechanism against member states that systematically violate the rule of law. On that basis, the Parliament will decide whether to take the Commission to the European Court of Justice with an action for failure to act.
The mechanism entered into force on January 1st, 2021, after tough negotiations. The sole right of initiative to trigger sanctions lies with the Commission. Representatives of the Commission had recently stated that they wanted to wait for the outcome of the Polish and Hungarian lawsuit against the mechanism before the Court of Justice and first work out guidelines for its application. In the resolution, the Parliament clarifies that neither a pending lawsuit by a Member State against the mechanism, nor the elaboration of guidelines justify a postponement of its application.
Daniel Freund, Green negotiator for the resolution, explains:
“Every day the Commission does not trigger sanctions is a victory for Viktor Orban. Facts are being created on an almost daily basis in Hungary. Radio stations have to shut down, newspapers are no longer being delivered. At the same time, the Fidesz government is developing ever more sophisticated ways to divert EU funds. At the same time, we are in the unique situation that the Commission – the guardian of the treaties – refuses to enforce existing European law. The mechanism protecting the rule of law has been in effect since January 1st. The evidence against Viktor Orban is overwhelming. Not only in the past three months, but in the past ten years. The time for sanctions is now.”
“The fact that the Commission is not acting in this regard is grossly negligent. The Commission is referring to a supplementary declaration with the German Council Presidency. This declaration claims that guidelines still have to be drawn up. These are cheap excuses. The European Parliament does not accept this backroom deal.”
“For us, this resolution is a final warning shot to the Commission: do your job or there will be legal consequences. Europe’s rule of law cannot wait. We will not allow the fundamental rights of European citizens to be further compromised. If there is no action by the summer, Commission President Ursula von der Leyen will have to explain herself before the European Court of Justice.”