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Germany currently holds the Presidency of the Council of the EU and must mediate in the dispute over the budget freeze by Poland and Hungary. Foreign Minister Maas has been cautious so far.
Federal Foreign Minister Heiko Maas does not want to comment on whether the EU dispute with Poland and Hungary could only be resolved through the Article 7 procedure for revoking the two countries’ voting rights in EU decisions. “As the Council Presidency, we have the task of finding a solution,” the SPD politician said on Thursday just hours before the heads of state and government started changing videos. “We’re not starting to do this in public now.”
Maas stressed, however, that many Member States are not ready to make major compromises on the rule of law. “This is a very difficult situation we are in,” he said.
What would an Article 7 procedure mean?
Hungary and Poland want to block the European budget package for the next few years to protest against a new procedure to punish violations of the rule of law. This also includes the Corona economic aid in the amount of 750 billion euros and is therefore extremely important for countries like Italy and Spain.
If Hungary and Poland do not yield in the dispute, it is conceivable that EU partners threaten to withdraw their voting rights in EU decisions. Article 7 of the EU Treaty provides for this possibility of sanctions in case Member States seriously and persistently violate EU values.
The Article 7 procedures for examining the allegations against Hungary and Poland have been underway for some time because, according to the analysis of the EU Commission, for example, both countries are expanding their influence on the judiciary in an inadmissible way. The procedure, also known as the “atomic bomb” in Brussels due to its far-reaching consequences, has so far made no progress as several Member States did not want to initiate a trial by fire for the EU.
Legally unclear
Furthermore, from a legal point of view, it is not entirely clear whether Hungary and Poland may not be able to protect each other from the deprivation of the right to vote, as a unanimous decision is required at least at one point in the procedure. Legal experts from the Council of Member States argue that only countries against which no proceedings are pending can vote. Warsaw and Budapest could probably take the case to the European Court of Justice.
Maas again called on all parties involved on Thursday to find an amicable solution. “All of Europe is in the second wave of the crown,” said the SPD politician. Many countries were waiting for the funds from the financial package to be released.
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