The EU Commission’s letter to the Hungarian government has eleven pages, the one to Poland twelve. The letters list grievances and deficiencies in the rule of law, budget control and the fight against corruption. And they want detailed information about what the governments in Warsaw and Budapest intend to do about it. They are “Sincerely” signed by Gert Jan Koopman, Director General of the Budget Department in the Commission.
The two long letters from the Dutchman now bring a premiere closer: the first use of the new rule of law mechanism. This allows the Brussels authority to reduce or withhold EU funds if deficiencies in the judicial or control system of the recipient country endanger the correct use.
The European Parliament has long been demanding that the Commission use this instrument in response to the dismantling of the rule of law in Poland and Hungary. The MPs even filed a lawsuit against the authority at the European Court of Justice. But the two letters that were sent late last week do not represent the opening of a trial. They are rather informal requests for information. Governments have two months to reply. If these leave the Commission dissatisfied, this could of course quickly lead to the start of official procedures.
Nonetheless, critics in the EU Parliament are angry: “It is disappointing that these two letters delay sanction proceedings for at least two more months,” says Green MP Daniel Freund. “Both letters also show that the EU Commission is fully aware of the massive deficiencies in the rule of law.” It is difficult to imagine that Warsaw and Budapest can “turn a sanction procedure” with their replies.
The fact that the Commission is waiting with official procedures is due to an agreement between the 27 heads of state and government. They have agreed that the authority should only take action once the European Court of Justice has ruled on a complaint by Poland and Hungary against the new mechanism. Next Thursday, the Advocate General will deliver his Opinion, the judgment could then be made in early 2022.