The highest court in the European Union (EU), the Court of Justice, rejected on Wednesday (16) a questioning by the governments of Poland and Hungary that criticized the mechanism that allows the bloc to suspend access to funding from member countries. that violate basic principles of the rule of law.
The rule was in force since the beginning of last year, but the new seal given by the Court of Justice provides a basis for the European Commission, the EU Executive Power, to activate it and apply it to governments that violate rights and values. democratic.
The populist and ultranationalist governments of Poland and Hungary, which have long diverged from the mechanisms adopted by the European bloc, tried to overturn the measure. But the high court responded that the mechanism was adopted on a valid legal basis and respects the limits of competences assigned to the EU by its members.
Both countries must feel the economic impacts. For Poland, which recently saw €15m of its European funds discounted for failing to comply with an EU decision to close a coal mine, another €36bn in pandemic recovery funds are frozen due to breaches. of democratic values. Hungary, on the other hand, has €7 billion (R$41 billion) frozen.
In November, Brussels sent letters to the Hungarian government of Viktor Orbán and the Polish government of Mateusz Morawiecki, detailing criticism of the failure to comply with the rule of law. For the first, he mentioned problems related to corruption and conflicts of interest. For the second, he criticized the rigging of justice bodies and the questioning made of the primacy of European law.
Orbán and Morawiecki are the two main European leaders in power who attack basic principles of the European bloc, which is critical of its authoritarian leanings. The leaders were fair in Madrid, two weeks ago, at a meeting of ultra-rightists who want to consolidate a bloc of action in the European Parliament, the EU’s legislative arm, that allows them to act in defense of agendas they consider important, such as anti-immigration policies. .
The conditionality mechanism for access to EU funds signed on Wednesday was celebrated by Ursula von der Leyen, head of the European Commission. “The judgment shows that we are on the right track; this mechanism ensures that the EU budget will be protected and executed in accordance with the principles of sound financial management, for the benefit of all citizens,” she said in a statement.
Criticism came promptly. Fidesz, the party of Prime Minister Viktor Orbán, said the decision was a “political revenge” aimed at helping the opposition on the eve of elections in the country – a bid that will have a broad opposition electoral front. Hungarian Justice Minister Judith Varga said it was an abuse of power.
Poland’s Deputy Minister of Justice made a similar allegation. Sebastian Kaleta, one of the most critical of EU mechanisms, said the Court’s decision hurt Polish sovereignty. “Poland has to defend its democracy against blackmail aimed at taking away our right to decide for ourselves,” he said.
EU interlocutors told Reuters news agency that the bloc may first sanction Hungary, but that more prior police negotiations are in the pipeline. Poland, for its part, has been one of the main recipients of the funding since becoming a member country in 2004. The financial aid has already helped the former Soviet republic avoid recession during economic crises and resist the effects of Covid pandemic.
In total, the conditionality mechanism created by the bloc could restrict access to any part of the budget planned until 2027, valued at €1.8 trillion (R$ 10.5 trillion).
The NGO Amnesty International was one of those that celebrated the decision. “Hungary and Poland have been rapidly backtracking on media freedom, the independence of judges and the right to protest, fundamental principles of the rule of law. Instead of trying to oppose EU funds being conditional on respect for democratic rights, they should only respect those rights.”