1/ This article is paywalled, but I have also seen a leaked copy of this Council legal service opinion on whether EU legislation can sanction Member States financially for breach of the rule of law. Here's my summary.
2/ The Commission proposal is for legislation on general rules governing EU finances, which would allow for financial penalties if the rule of law is deemed to be infringed. In the view of the legal service, this is too broadly defined, & risks overlap with the Article 7 process.
3/ The legal service does however think that a much narrower version of this proposal could be OK legally.
Remember though: this is just a legal opinion. The Council legal service wins some cases in the EU courts. and loses some.
Remember though: this is just a legal opinion. The Council legal service wins some cases in the EU courts. and loses some.
4/ If the law is passed (it needs a qualified majority of Member States' votes in Council, and agreement with the European Parliament) it's likely that Hungary at least would challenge it in the CJEU (I've heard detailed arguments from their civil servants). Probably Poland too.
5/ Anyway the text of the proposed law is here: ec.europa.eu/commission/sit…
Note it would apply from the start of the next EU budget cycle, ie start of 2021. It remains to be seen if this law is agreed before the next EP elections, as the post-2019 EP might have a different take. //
Note it would apply from the start of the next EU budget cycle, ie start of 2021. It remains to be seen if this law is agreed before the next EP elections, as the post-2019 EP might have a different take. //
