Dhe Legal Committee in the European Parliament has spoken out in favor of bringing an action against the EU Commission to the European Court of Justice. The reason for this is that the Brussels authority has not yet applied a new regulation for punishing violations of the rule of law in EU countries. 13 MPs voted on Thursday for the so-called inaction lawsuit, three against and six abstained, as the German Press Agency learned from parliamentary circles.
The EU rule of law mechanism has been in force since the beginning of the year. It provides that EU countries can reduce funds from the joint budget if there is a threat of misuse of the money due to violations of the rule of law. The governments in Hungary and Poland fear that the new procedure will primarily be used against them. You have therefore brought an action against the regulation at the ECJ – the proceedings are still ongoing. The EU Commission actually only wanted to act when the ECJ had decided on the lawsuits from Hungary and Poland.
“While the Commission is struggling, Parliament is pushing the tube,” said the Green politician and responsible rapporteur in the Committee Sergey Lagodinsky of the German Press Agency. “The restriction of fundamental rights and the independence of the judiciary by governments in Hungary or Poland are a serious threat to the citizens of these countries, but also to the supervision of EU funds allocated to these governments.” This is precisely why the rule of law mechanism was created.
Now it is the turn of the President of Parliament, David Sassoli. He would have to file the lawsuit with the highest EU court in Luxembourg. Before that, he could have the parliamentary plenary vote on it again next week. Parliament has until November 2nd to bring the action against the EU Commission to the European Court of Justice. It had already decided in June to start the proceedings for the action for failure to act and thus put pressure on the EU Commission.
The EU Commission under President Ursula von der Leyen always emphasized that the preparations for proceedings according to the mechanism are underway and that no case will be lost. Recently, however, it no longer seemed ruled out that she could initiate proceedings before a CJEU judgment.