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The European Parliament
Important message for Romania. The European Parliament voted to freeze payments to Member States that deviate from the rule of law.
The European Union is trying to protect its money from the corrupt countries. MEPs have adopted a draft regulation on the basis of which Brussels can freeze payments for countries that deviate from the rule of law. The law must also pass through the Council of the EU and will not enter into force before 2021.
With 397 votes in favor and 197 against, MEPs set up another mechanism to defend the rule of law. The new regulation would penalize those Member States that decompose or initiate legal action.
"We have to rely on the fact that the courts are independent in the Member States, that the rule of law works, that the courts can not be influenced.This is not about fines, but about protecting money, European funds", said Günther Oettinginger European Commissioner for the Budget.
During the debate, Hungary and Poland were quoted in relation to deviations from the rule of law. Romania was warned at the beginning of the week to be on the black list. The most vehement reactions come from the parliamentarians of these countries.
"If the European Union becomes a power that occupies other states, it has a colonial attitude, I think that the organization should be excluded," said STANISLAW ZOLTEK, Polish deputy.
"If you want to vote for this report tomorrow, first we vote for the cooperation and verification mechanism for all states, and implement it in your own home," said GABRIELA ZOANĂ, MEP of the PSD.
The regulation adopted by the Parliament now passes to the Council of the Union, which can make amendments, promulgate it or block it indefinitely. If approved, the regulation will enter into force for the next financial framework, ie 2021.
In particular, what will happen?
How will the decision of the European Commission be taken?
Assisted by a group of independent experts, the European Commission would have the task of identifying "generalized deficiencies in the rule of law" and deciding on measures that could include suspension of payments from the EU budget or reduction of pre-financing. The Commission decision will only be implemented after approval by the Parliament and the Council. Once the Member State has remedied the deficits identified by the European Commission, Parliament and EU ministers can release the funds.
Independent experts to assist the European Commission
The European Commission can establish that the rule of law is threatened if one or more of the following elements are weakened:
• good functioning of the authorities implementing the EU budget;
• good functioning of the authorities conducting financial control;
• an adequate investigation into fraud – including tax fraud -, corruption or other violations affecting the implementation of the EU budget;
• effective judicial review by independent courts;
• recovery of unduly paid funds;
• prevent and sanction tax evasion;
• cooperation with the European Anti-Fraud Office and, where appropriate, with the European Public Prosecutor's Office.
To assist the Commission, a group of independent experts in the field of constitutional and financial law, composed of an expert appointed by the national parliament of each Member State and five experts nominated by the European Parliament, will annually assess the situation in all Member States to publish a summary of his findings.
What will be the possible decisions
Depending on the extent of the deficiencies and the budget management procedure, the Commission may decide on one or more measures, including:
• suspension of commitments,
• interruption of payment terms,
• reduction of pre-financing e
• suspension of payments.
Unless the decision requires otherwise, the government should continue to implement the EU program or fund and make payments to final beneficiaries, such as researchers or civil society organizations. The Commission should commit itself to ensuring that the beneficiaries receive the amounts due.
The Commission will present a proposal to the Parliament and EU ministers to transfer an amount corresponding to the value of the measures proposed in the budget reserve. The decision will come into force after four weeks, unless the Parliament, acting by a majority of the votes cast, or the Council, acting by a qualified majority (so that no Member State can block a decision), amend it or reject it. Once the European Commission has established that the deficiencies have been remedied, the blocked amount would be unlocked using the same procedure.
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