{"id":3657,"date":"2022-01-12T14:18:00","date_gmt":"2022-01-12T13:18:00","guid":{"rendered":"http:\/\/localhost:10164\/?p=3657"},"modified":"2022-02-09T11:08:47","modified_gmt":"2022-02-09T10:08:47","slug":"rule-of-law-update-december","status":"publish","type":"post","link":"https:\/\/www.commissie-meijers.nl\/nl\/rule-of-law-update-december\/","title":{"rendered":"Rule of Law Update – December 2021"},"content":{"rendered":"
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General<\/h5>\n

In an interview with Politico, Koen Lenaerts (President of the European Courrt of Justice) mentioned that the current deabte about the rule of law might sinkt the project of a united Europe. \u201cThe authority of the Court of Justice and the primacy of EU law have been challenged in various member states, not only by politicians, but also by certain constitutional courts,\u201d Lenaerts said. \u201cThis is an extremely serious situation that threatens the survival of the European project.\u201d.\u00a0 <\/em>You can read the whole interview here<\/a>.<\/p>\n

Recovery plans for Hungary and Poland on hold. <\/b>The European Commission will not approve the Polish and Hungarian recovery plans in 2021, meaning the two countries will miss out on billions of advance payments under the bloc\u2019s pandemic instrument. Approval by the European Commission and by a majority of peers in the Council by the end of 2021 is necessary to access\u00a0 an advance payment equivalent to 13 percent of each country\u2019s envelope of recovery funds. Which means that Poland misses out on\u00a0 pre-payments of about \u20ac5 billion for Poland and Hungary will miss out on \u20ac1 billion. Read more on Euractiv<\/a>, 13 December 2021.<\/p>\n

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News from the Courts<\/h5>\n

Opinion of the advocate general in the case C-156\/21 Hungary v Parliament and Council<\/strong> and C-157\/21 Poland v Parliament and Council,<\/strong> regarding the conditionality mechanism<\/strong> of the EU budget and the rule of law.<\/strong><\/p>\n

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Bulgaria<\/h5>\n

T<\/strong>he Bulgarian parliament approved a new government<\/strong> led by political newcomer Kiril Petkov. Petkov’s party (Change Continues) won November\u2019s parliamentary election \u2014 the third this year \u2014 and brings a politcically tumultuous year to an end. Petkov’sh campaign focused on stamping out corruption and Petkov is considered a pro-European reformist. The government will be formed by a compley multi-party majority involving two coalitions: the pro-European “Change Continues” supported by the Bulgarian Socialist Party and “There is such a people”. Read more on Politico<\/a> and Euractiv<\/a>.<\/p>\n

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Czech Republic<\/h5>\n

Due to the change in the Czech government, the Hungarian government could lose Prague\u2019s backing in its disputes with the EU over the rule of law<\/strong> according to Czechia\u2019s likely next EU Affairs Minister Mikul\u00e1\u0161 Bek (EPP) Read more in this interview with Euractiv<\/a>, 1 December 2021.<\/p>\n

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France<\/h5>\n

Upcoming French Council Presidency and the rule of law.<\/strong> In a debate with the European Committee of Regions, President Macron commited to defending rule of law, media freedom in Europe and said that defending the rule of law will be one of the major challenges when France takes over the rotating EU Council presidency in January, said President Emmanuel Macron. Read more on Euractiv<\/a>, 2 December 2021.<\/p>\n

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Hungary<\/h5>\n

Fidesz’ minority coalition partner (KDNP) complained about Tusk inviting Hungarian opposition leader M\u00e1rky-Zay to join EPP.<\/strong> KDNP wrote a letter expressing its concerns to Donald Tusk, President of the European People\u2019s Party (EPP), about the meeting with the Hungarian opposition\u2019s joint candidate for Prime Minister, independent small-town mayor P\u00e9ter M\u00e1rky-Zay, in Warsaw. Read more on Euractiv<\/a>, 6 December 2021.<\/p>\n

Hungary blockes the EU position at US Democracy Summit<\/strong> and claims that the USA has bigger problems with democracy. Hungary wants to block the joint bloc participation after being the only EU country not invited to US President Joe Biden\u2019s democracy summit next wee. Read more on Euractiv<\/a>, 3 December 2021.<\/p>\n

The last location with press access to Hungary\u2019s ruling party Fidesz has closed.<\/strong> The street in front of the Viktor Orb\u00e1n\u2019s office and location of most cabinet meetings, the last place with meaningful press access to leading government figures in Budapest, has been closed off, Telex<\/em>\u00a0reported\u00a0via\u00a0444.hu<\/em>. Read more on Euractiv<\/a>, 2 December 2021.
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Fidesz is holding onto its \u2018homophobic\u2019 referendum.<\/strong> The Hungarian legislative will vote on what the ruling Fidesz calls a \u201cchild protection\u201d referendum, but what is widely considered to be targeting the LGBTQI+ community. The vote will likely be held on the same day as the parliamentary elections upcoming spring. Read more on Euractiv,<\/a> 1 December 2021.<\/p>\n

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Slovenia<\/h5>\n

Slovenian’s Corruption Prevention Commission (anti-graft watchdog) has launched an investigation into Prime Minister Janez Jan\u0161a over a suspected conflict of interest after a lawyer who has represented him and his party for over a decade was appointed to the board of the country\u2019s \u2018bad bank\u2019. Read more on Euractiv<\/a>, 17 December 2021.<\/p>\n

Following a fact-finding mission by a group of MEPs in October, and an anti-semitic Twitter post by Slovenian Prime Minister Janez Jan\u0161a, the European Parliament voted on a motion<\/a> on fundamental rights and the rule of law in Slovenia, in particular the delayed nomination of EPPO prosecutors on 16 December 2021. Most EPP MEPs (to whom Jan\u0161a’s party belongs) opted to stand by Jan\u0161a in the vote, including group leader Manfred. However, 33 EPPmembers (amongst them vice chair Esther de Lange, Frances Fitzgerald and Paulo Rangel), abstained from the vote, showing the divide within the group on this issue. Read more on Politico<\/a>, 17 December 2021.<\/p>\n

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Poland<\/h5>\n

Row over Tur\u00f3w mine is deepening<\/strong>: Poland is persisting on its refusal to close the Tur\u00f3w mine and is also not paying the fine the EU\u2019s top court has imposed (a \u20ac500,000 daily penalty). Read more on Politico<\/a>, 30 December 2021.<\/p>\n

MEPs want the European Commission to investigate the revelations concerning the use of the Pegasus spyware<\/strong> by Polish government entities against Roman Giertych, foremer Minister of Education and lawyer, and prosecutor Anna Wrzosek. The spying scandal may add fuel to the country\u2019s ongoing conflict with Brussels over the rule of law. Some days later, the leader of the Polish opposition Civic Platform party\u2019s 2019 election campaign alleged that his phone was hacked 33 times by Israeli spyware tool Pegasus and used by the government to \u201cdestabilize\u201d his party\u2019s plans. The government denied the allegations. Read more on Euractiv<\/a>, 23 December 2021, and Politico<\/a>, 27 December 2021.<\/p>\n

Commission launched an infringement procedure against Poland for its violations of EU law by its Constitutional Tribunal<\/strong>, namely its rulings of 14 July 2021 and 7 October 2021 which considered the provisions of the EU Treaties incompatible with the Polish Constitution and thhus expressly challenge the primacy of EU law. The Commission questioned the validity of the Polish court itself, stating it had \u201cserious doubts on the independence and impartiality of the Constitutional Tribunal\u201d and considers that it \u201cno longer meets the requirements of a tribunal previously established by law,\u201d as required by the EU treaties. Poland has two months to reply to the letter of formal notice. Read more in the EC’s statement<\/a>, 22 December 2021.<\/p>\n

Thousands of Polish citizens protested against a new media law<\/strong> that is aimed at silencing the country\u2019s main independent news channel TVN24. The bill would have prevented companies from outside the EEA from holding a controlling stake in Polish media companies, which would force the American group Discovery to sell its majority stake in TVN, one of Poland\u2019s biggest private TV networks. However, on 28 December, Polish president Andrzej Duda vetoed the new media bill to avoid a row with Washington<\/strong>. Read more on Euractiv<\/a>, 20 December 2021, and Politico<\/a>, 27 December 2021.<\/p>\n

Poland\u2019s justice minister Zbigniew Ziobro\u00a0has told\u00a0the\u00a0Financial Times<\/em> that he favours suspending EU membership contributions if the European Commission withholds funding in the ongoing dispute over judicial reforms. Read more on Euractiv<\/a>, 13 December 2021.<\/p>\n

The Council of Europe demands answers from Poland following controversial\u00a0 Constitutional Court ruling on primacy of EU law.<\/strong> Poland should explain how, in the context of the Constitutional Court\u2019s recent judgment, it will ensure the effective implementation of its obligations under the European Convention on Human Rights. Council of Europe Secretary General Marija Pej\u010dinovi\u0107 Buri\u0107 has asked the Polish Foreign Minister Zbigniew Rau in a letter sent on Tuesday. Read more on Euractiv<\/a>, 8 December 2021.<\/p>\n

At the Warsaw Summit of European conservative and right-wing leaders, Jaros\u0142aw Kaczy\u0144ski (head of PiS) criticised the EU for moving towards a more federal EU<\/strong> and is calling Europe’s conservatives to come up with a new proposal for the European continent. Read more on Euractiv<\/a>, 6 December 2021.<\/p>\n

Poland curtails media’s access to its Belarus border.<\/strong> While the opposition advocated for unlimited media access, president Duda signed into law legislation that will limit the access of NGO’s, aid charities and journalists to its border with Belarus. Read more on euobserver<\/a>, 30 November 2021. Several reports also showed that violence at the Polish-Belarussian borders is increasing systematically. Read more on Euractiv<\/a>, 2 December 2021.<\/p>\n

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Articles<\/h5>\n
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The New Rule of Law Conditionality Mechanism clears its first hurdle \u2013Analysis of AG Campos S\u00e1nchez-Bordona Opinions in Hungary v Parliament and Council (C-156\/21) and Poland v Parliament and Council (C-157\/21)<\/a><\/p><\/blockquote>\n