BRUSSELS – The top adviser to the European Union’s highest court on Thursday said the principle of linking the bloc’s budget disbursements to respect for the rule of law was compatible with the bloc’s law and that a challenge to Hungary and Poland should be eliminated.
The right-wing governments of both countries have argued that the move lacks a proper legal basis. Both countries, major recipients of EU capital, have come under increasing criticism over the past few years for straying from Western principles of respect for the rule of law in their countries.
Advice to the court ahead of a full court decision, which is expected to take place within the next several months.
The EU Commission said it took note of the advice but did not go into details.
Linking fund distribution to democratic principles was a key part of the EU’s decision last year to push through a massive subsidy scheme for 27 member states to weather the unprecedented impact. of the coronavirus pandemic.
Advocate General Manuel Campos Sanchez-Bordona advised that the link was “adopted on appropriate legal grounds … and respecting the principle of legal certainty.”
The Court said in a statement that “adherence to the principles of the rule of law can be of utmost importance to the sound functioning of public finances and the proper execution of the Union’s budget.”
Government officials in both Hungary and Poland rejected the idea, arguing that the court had exceeded its authority in approving a new mechanism not described in the EU’s own treaties. .
Hungary’s Justice Minister, Judit Varga, said in a Facebook post that the rule of law “has a number of glaring legal flaws that individuals can justify deregulation.” She also noted that the court’s advice “is not a judgment, just an opinion.”
“To the tears of joy welling up in the eyes of the Brussels elite and the left-wing press, let me make a gentle comment: this is only a recommendation, a verdict not expected until the end of the year or early next year. year,” Varga wrote.
“Not to blackmail about the rule of law!” she added.
The Deputy Justice Minister in Poland, Sebastian Kaleta, accused EU authorities of breaking the rule of law even when they said they were defending it.
Kaleta wrote on Twitter: “It is naive to believe that EU institutions will have the capacity to limit themselves.
Poland and Hungary have faced criticism from the EU for years over accusations that they have undermined the independence of the judiciary and the media, along with other democratic principles. The EU found it couldn’t do much to change the course of either country, and therefore moved to tie money to their adherence to democratic practices.
In Hungary, Prime Minister Viktor Orban has promoted what he calls “illiberal democracy,” which his critics say could stifle democracy. In Poland, the Law and Justice party dominates the government and has increasingly faced criticism from other EU member states.
Hungary and Poland initially sought to block the budget because of the introduction of the new mechanism, but eventually agreed to the plan on condition that the European Court of Justice reconsider.
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Justin Spike in Budapest and Vanessa Gera in Warsaw contributed
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