The deadlock in the approval to carry out the Community budget and carry out the Recovery Fund can be overcome with the creation of a mechanism for the rapid appeal of sanctions proposals to the Court of Justice. European Union, defends Miguel Poiares Maduro.
The carry out approval of the European Union (EU) budget for 2021-2027 and carry out Recovery Fund has been blocked by Hungary and Poland, who disagree with the conditionality in accessing Community funds to respect for the rule of law.
Hungarians and Poles, without the strength to veto the rule of law mechanism, which only needs a qualified majority to pass, then vetoed another matter on which they have no reservations, that of own resources, which requires , this one, unanimously, blocking the whole process.
Hungary and Poland received the support of Slovenia, which although it does not threaten veto the agreement, claims to understand the position of those countries.
For European law expert Miguel Poiares Maduro, the introduction of a rapid appeal mechanism for any proposed sanctions for the EU Court of Justice would make it possible to respond to those countries’ argument that the carry-out assessment of the rule of law in the Member States should be a legal rather than a political issue, and at the same time “not give in to these States “and maintain the carry out principle respect for European values in the EU.
” Using the question that above all the prime- Slovenian minister came to raise, that deciding whether or not there is a violation carry out rule of law is up to a court, one of the hypotheses could be to allow a ‘quick tracking’ appeal mechanism of the proposal “to impose sanctions, he explained.
” Providing that a Member State subject to that sanction would have a possibility of appeal during the process, even before the decision to carry out the Council, or possibly even allowing the Council to raise the matter with the EU Court of Justice “, he added.
Something similar to a precautionary measure, in which “a Member State could request the suspension of the decision before the Council in order for the Court of Justice to rule on whether there was indeed a situation of violation of rights fundamental rights on the part of that State “.
Such a mechanism would be all the more” preferable “because it would not imply a revision of the treaties, provided that the provision for the suspension of funds to be included in the regulation providing that it “does not occur while the appeal is being considered”, under an “accelerated procedure provided for in the carry out Tribu statutes”
The initiative should be complemented, in Poiares Maduro’s opinion, by a regime that guarantees that “the institutions that certify the use of funds at national level […] would be independent institutions, that the independence of those who managed them would be certified at European level, as is already the case with central banks and partly even more with members than States indicate, for example, to the European Public Prosecutor’s Office or the Court of Justice “.
” Basically, a mechanism for internal control, of the States, […] which allowed to guarantee from the emblem that these funds would not be captured politically “, since in the Member States concerned” one of the questions that arises “is that the funds have often been used by these governments to strengthen their power and favor those close to them “.
This regime could be quickly decided,” it can almost be negotiated with corrupt in programs with Member States “in the context of the application of the regulations.
The specialist, on the other hand, ruled out carry out deadlock resolution, such as that of a political declaration, making the mechanism of fund conditionality legally more precise, or that of enhanced cooperation to approve the multi-annual budget and the Recovery Fund.
Enhanced cooperation is a procedure in which a minimum of nine EU countries are allowed to institute advanced cooperation in a given area, without the participation of other member countries, to overcome situations of paralysis.
Regarding a political statement, Poiares Maduro has doubts that is accepted by Hungary or Poland: “I don’t think this is enough for these Member States”.
to enhanced cooperation, the expert admits that the possibility that it is being used “only as a negotiating mechanism”, “to make it clear to Hungary and Poland […] that, if they wish to oppose, other states can find an alternative form, or by by job of enhanced cooperation, or through, as has happened in the past, intergovernmental mechanisms “.
” I would prefer it not to be this mechanism. On the one hand, I do not like this logic of resorting to an intergovernmental mechanism outside the treaties, and it would not be useful “, he said, pointing out the costs that such a solution involves.
“This is an emblem for these Member States, but it also has an impact on the EU’s reputation in these Member States, because it is natural for these populist governments to use this against the EU”, he concluded.