ECJ Advocate General recommends: dismiss complaints from Poland and Hungary

Status: 02.12.2021 10:46 a.m.

The Advocate General of the European Court of Justice recommends dismissing the complaints of Poland and Hungary against the rule of law mechanism. The federal states wanted to avoid budget cuts in the event of rule-of-law violations.

In his final motion before the European Court of Justice (ECJ), the Advocate General pleaded for the dismissal of the complaints by Poland and Hungary against the EU rule of law mechanism and the associated reduction in EU funds. The regulation is compatible with Article 7 of the EU Treaty, said Advocate General Manuel Campos Sánchez-Bordona in Luxembourg.

Poland and Hungary had complained against the regulation that has been in force since this year, according to which member states can reduce funds from the joint budget if there is a risk of misuse of the funds due to violations of the rule of law. Previously, sanctions were possible, but had to be decided unanimously.

The Hungarian government under Viktor Orban had sued together with Poland.

Image: dpa

Poland and Hungary supported each other

Poland and Hungary helped each other with appropriate procedures. Both countries were against the new regulation and initially blocked the EU budget and the Corona aid fund in December of last year.

That is why they were assured that the rule of law mechanism will only be applied once the ECJ has decided on it. The Court of Justice met in plenary in October.

Expert opinion as a strong indicator

Critics accuse Warsaw and Budapest of influencing the judiciary contrary to EU standards. The expert opinion is a strong indication of the direction in which a pending judgment could turn out.

Although the recommendations to the ECJ are not binding, the Luxembourg judges often follow them.

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