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Thursday, October 21, 2021

Poland and Hungary together. Complaint before the CJEU regarding EU funds and the rule of law

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The Court of Justice of the European Union in Luxembourg, in an accelerated procedure and in full bench, started examining the complaint of Poland and Hungary regarding the so-called conditionality mechanism. Its purpose is to protect the budget of the European Union in the event of violations of the rule of law in the Member States.

– Today’s hearing is very important. This is best evidenced by the fact that it takes place before the full Court. This is very rare at the Court. Only in cases of great importance for the Court. This also proves that our allegations, which were raised in the complaint, as well as in the Hungarian complaint, are taken seriously and the Tribunal recognizes their importance, recognizes that all these allegations must be carefully considered – said Bogusław Majczyna, the plenipotentiary of the Republic of Poland before the CJEU .

As emphasized by TVN24 reporter Michał Tracz, the full judge panel is 27 people and for the last time in such a large group the CJEU decided on the issue of Brexit.

– In the complaint, Poland raised a number of allegations, a number of arguments, demanding the annulment of the conditionality regulation. These allegations concern both the legal basis, breach of Article 7 of the Treaty on European Union, breach of the principle of proportionality, legal certainty, and insufficient reasoning. The allegation against Article 7 is particularly significant. According to Poland, only Article 7 and only that treaty procedure allows for the assessment of compliance with the rule of law by the state – he added.


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Complaint of Poland and Hungary to the CJEU

At the December European Council, EU leaders agreed on a conditionality mechanism to be used to protect the EU budget in the event of violations of the rule of law in the Member States.

His appeal was announced in the same month by the heads of governments of Poland and Hungary, Mateusz Morawiecki and Viktor Orban. The complaint was brought to the Court on March 11, 2021.

Main photo source: Shutterstock

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