Brussels – The European Parliament will take the EU executive to the Court of Justice over the case of the 10.2 billion from Cohesion funds paid to Hungary in December. After the recommendation to take the case to the Court formulated by the European Parliament’s Juri Committee, President Roberta Metsola informed the chairs of the political groups today (March 14) that she will instruct the institution’s legal services to take the case to the Court in Luxembourg on behalf of the Parliament by the March 25 judicial deadline.
According to Article 149 of the Rules of Procedure, the European Parliament can refer natural and legal persons to the European Court of Justice to ensure compliance with the Treaties. Under scrutiny is the legal basis of the Commission’s unilateral decision to unfreeze cohesion funds for Hungary on December 13.
Within hours of the European Council giving the green light to open accession negotiations for Ukraine and Moldova, the EU executive announced that it would unfreeze some of the cohesion policy, fisheries, and home affairs funds previously blocked pending Budapest’s implementation of reforms to improve the rule of law. In return, Orban gave up getting in the way of opening accession negotiations with Ukraine and Moldova.
The European Commission’s response came immediately, in the words of Christian Wigand, spokesman for rule of law issues. The EU executive “considers that it has acted in full compliance with EU law and will defend its decision before the Court”, he said. Wigand emphasised that “Hungary had submitted all the evidence required to show the independence of its judiciary”, that’s why the Commission found Budapest’s “partial compliance with the horizontal enabling conditions” necessary for the release of funds. This being the case, Wigand concluded that “the Commission is bound by strict timelines and conditions set out in EU legislation” and “therefore had a legal obligation to adopt a decision”.
English version by the Translation Service of Withub
