The thresholds to reach a decision are different: Possible sanctions against the EU country concerned are not clearly defined in the EU treaties, but might include suspending voting rights in the Council and the European Council.įor both mechanisms, the final decision needs to be taken by representatives of member states in the Council. For the preventive mechanism, a decision in the Council requires a majority of four fifths of member states.To determine the existence of a breach, unanimity among EU heads of state and government is required.The EU country concerned does not take part in either vote.Ĭheck out our infographic for all the details. In 2020, MEPs approved a regulation designed to protect EU funds from being misused by member states - this is known as the rule of law conditionality mechanism. Parliament pushed for it to not only apply when EU funds are misused directly, such as cases of corruption or fraud, but also when systemic breaches of fundamental values risk affecting the management of EU funds. This means respecting the rule of law and other values is a condition for member states to obtain EU funds, as money can be withheld from countries in which established breaches of the rule of law compromise management of EU funds. If the Commission is of the view that a member state is violating EU law, which means not applying the rules agreed at EU level, it can start infringement proceedings before the European Court of Justice that may lead to financial sanctions against the country. The Parliament is paying close attention to the rule of law situation in EU countries, preparing reports that highlight the problems and call for action, including the report on fundamental rights in 20. The Parliament's actions regarding rule of law in Hungary Since 2020, the Commission publishes an annual rule of law report that monitors both positive and negative developments relating to the rule of law in all member states. ![]() MEPs triggered the Article 7 procedure for the first time in 2018 when they asked the Council to determine whether Hungary is at risk of breaching the EU´s founding values. ![]() They raised a number of concerns about the functioning of the country’s institutions, including problems with the electoral system, independence of the judiciary and the respect for citizens’ rights and freedoms. Parliament has supported a similar proposal by the Commission regarding Poland. On 15 September 2022, Parliament said the situation in Hungary has deteriorated in such way that the country has become an “electoral autocracy”, a constitutional system in which elections occur, but respect for democratic norms and standards is absent. Parliament's report laid out how EU values in the country have further deteriorated since 2018, through the “deliberate and systematic efforts of the Hungarian government”. ![]() MEPs said that EU inaction exacerbated the democratic backslide, and that a part of EU funds should be withheld until the country complies with EU recommendations and court rulings.
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