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Citizens often send messages to the President of the European Parliament (or to the institution’s public portal) expressing their views on current issues and/or requesting action from the Parliament. The Citizens’ Enquiries Unit (AskEP) within the European Parliamentary Research Service (EPRS) looks into these issues and replies to the messages, which may sometimes be identical as part of wider public campaigns.
The President of the European Parliament has recently received a large number of messages urging the Parliament to take a strong stand in favour of the mechanism making the allocation of European Union (EU) funds conditional on the respect of the rule of law. In its conclusions of 11 December 2020, the European Council stated that the Commission should not launch procedures under the rule of law mechanism until the European Court of Justice has made a decision on whether to annul the instrument. Citizens first began to write to the President on this subject in December 2020. They expressed concerns about delays in the implementation of the rule of law mechanism and about the deterioration of human rights and the rule of law in Poland and Hungary. In its resolution on the rule of law, the European Parliament stressed that the European Council conclusions are ‘superfluous’. The agreement between the European Parliament and Council clearly states that it will apply from 1 January 2021.
Please find below the main points of the reply sent to citizens who took the time to write to the President of the European Parliament on this matter.
Main points made in the reply in EnglishOn 16 December 2020, after the European Parliament gave its consent to the Multiannual Financial Framework (MFF), the President of the European Parliament David Maria Sassoli stated: ‘For the first time in the history of our Union we have ensured that the resources of the European budget are conditional on respect for the rule of law and democracy throughout Europe.’
Furthermore, on 17 December 2020, the European Parliament adopted a resolution on the MFF, Rule of Law Conditionality and Own Resources. Parliament stresses that the 11 December European Council Conclusions, which state that the Commission should not apply the Rule of Law mechanism until the European Court of Justice has made a decision on whether to annul the instrument, are ‘superfluous’. The agreement between European Parliament and Council clearly states that it will apply from 1 January 2021. More information is available in this press release.
In a speech to the European Parliament plenary on 16 December 2020, the President of the European Commission Ursula von der Leyen also underlined that: ‘In essence, as I understand it, there is a fear that the application of the regulation will be delayed and that justice delayed might be justice denied. This will not happen. The regulation will apply from 1 January 2021 onwards. And any breach that occurs from that day onwards will be covered.’
As to the legislation on the rule of law mechanism specifically, on 16 December 2020 also, the European Parliament approved the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States.
The European Parliament tightened the regulation in the negotiations held with EU countries. For instance, the new law does not only apply when EU funds are misused directly, such as cases of corruption or fraud. It will also apply to systemic breaches of fundamental values that all EU countries must respect, such as democracy or the independence of the judiciary, when those breaches affect – or risk affecting – the management of EU funds. The European Parliament also succeeded in securing a specific provision that clarifies the possible scope of the breaches by listing examples of cases, such as threats to the independence of the judiciary, failure to correct arbitrary/unlawful decisions, and limiting legal remedies.
The European Parliament debate of 16 December 2020 on the Conclusions of the European Council, MFF, Rule of Law Conditionality and Own Resources is publicly available. More information on the rule of law mechanism is available in the EP press release, and in the Legislative Observatory and the Legislative Train databases. Moreover, the full text of the Council’s common position as negotiated and agreed by the European Parliament is available online
Specifically on Poland, the European Parliament adopted a resolution on 17 September 2020, on determination of a clear risk of a serious breach by Poland of the rule of law. Parliament expressed concerns regarding the legislative and electoral system, the independence of the judiciary, and fundamental rights in Poland. It strongly deplored both the ‘Polish Stonewall’ mass arrest and subsequent treatment of 48 LGBTI activists on 7 August 2020, and the Polish Episcopate’s official position in favour of ‘conversion therapy’. More information is available in this press release.
On Hungary, on 16 January 2020, the European Parliament adopted a resolution on ongoing hearings under Article 7(1) of the Treaty on European Union regarding Poland and Hungary. Parliament stated that there is a clear risk of a serious breach by Hungary of the values on which the Union is founded. Parliament is concerned about breaches of the independence of the judiciary, freedom of expression, including media freedom, freedom of the arts and sciences, freedom of association and the right to equal treatment. Further information is available in this press release.
Finally, the rule of law is one of the fundamental values of the Union, enshrined in Article 2 of the Treaty on European Union. In this light, the European Commission published the 2020 Rule of Law Report on 30 September 2020. The report includes chapters on all EU countries including Poland and Hungary.
Written by Katarzyna Sochacka and Clare Ferguson,
© European Union 2020 – Source : EP/Alexis HAULOT
The December 2020 plenary session focused on the agreement on EU finances for the coming years, as well as the conclusions of the 10‑11 December European Council meeting. Members debated future relations between the European Union and the United Kingdom, and adopted first-reading positions on temporary contingency measures on air and road connectivity, fisheries and aviation safety, to come into force should no agreement be reached with the UK by the end of this year. Members also discussed the preparation of an EU strategy on Covid‑19 vaccination, including its external dimension, an EU Security Union strategy and a dedicated Council configuration on gender equality. Members discussed the European Citizens’ Initiative, Minority Safepack, seeking to protect minority languages and cultures. Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Josep Borell made statements on recent developments in the Eastern Partnership, on the situation in Mozambique and on the 25th anniversary of the Barcelona Process and the Southern Neighbourhood.
Sakharov PrizeIn a formal ceremony, Parliament awarded the 2021 Sakharov Prize to the democratic opposition in Belarus, represented by the Coordination Council, for its peaceful role in opposing the falsification of the August 2020 elections.
Multiannual Financial Framework 2021-2027Following agreement at the European Council meeting of 10‑11 December, Parliament approved, by large majority, the EU’s 2021-2027 Multiannual Financial Framework (MFF). An Interinstitutional Agreement on budgetary matters, setting out a timetable for the introduction of new own resources, was also approved. Adopted by the Council the following day, the MFF Regulation enters into force on 1 January 2021. The overall ceiling for the MFF is €1074.3 billion (2018 prices), which will be complemented by the €750 billion recovery plan (€390 billion in grants). Financing of the Next Generation EU recovery plan will be made possible by an unprecedented own resources decision authorising the Commission to borrow on markets.
EU general budget 2021The fruit of the agreement found on 4 December during the budgetary conciliation between Parliament and the Council on the first draft budget for 2021, Members adopted the EU general budget for 2021, voting on the Council’s position (adopted without amendment) on the second draft EU general budget for 2021. Commitment appropriations for 2021 will amount to €164.2 billion and payments to €166.1 billion. The annual budgetary negotiations this year were both complex and delayed, due to the late agreement on the 2021‑2027 MFF, as well as the coronavirus crisis.
Parliament also voted on Draft Amending Budget No 10/2020, to increase EU payment appropriations in 2020, in line with updated forecasts of expenditure and other adjustments to expenditure and revenue. The limited expenditure adjustments proposed allow increased payment appropriations of €1 569.3 million for the European Agriculture Guarantee Fund and certain decentralised agencies.
Transitional rules for support from the common agricultural policy (CAP)Based on a Parliament proposal and in view of the lengthy negotiations on the EU budget and agricultural policy post‑2020, the European Commission put forward rules aimed at ensuring continuity of EU support for farmers and rural areas. Parliament therefore debated and voted on transitional rules for support from the common agricultural policy (CAP), extending current EU farm policy until the new CAP framework is in place at the end of 2022 and allowing greater focus on environment and climate measures.
REACT-EUConfirming the compromise agreement reached on the MFF and the considerable funding measures already agreed to combat the coronavirus crisis, Members adopted, by an overwhelming majority, the regulation establishing REACT‑EU. This is intended to mobilise €47.5 billion, offering Member States the flexibility to use EU funds to address the challenges faced by the sectors hardest hit by the pandemic, such as health care, tourism and culture. The funding should support social cohesion and climate objectives.
European Commission implementing powersFollowing repeated difficulties and controversy over authorisation of pesticides and genetically modified organisms, the Commission proposed changes to the procedures involved, to encourage Member States to take greater responsibility for decisions in such cases. Members voted on a revised Regulation on the Commission’s implementing powers (Comitology Regulation), aimed at eliminating ‘no-opinion’ deadlock situations in the appeal committee and increasing the transparency of the procedure.
Water legislationIn a joint debate, Members discussed the legislation that ensures that Europeans have access to safe drinking water (particularly on tap, rather than in bottles). Following this debate, Parliament adopted the revised Drinking Water Directive and an associated resolution, changes that come as a direct result of the European citizens’ initiative ‘Right2Water’. The updated rules address concerns about endocrine disruptors, pharmaceuticals and microplastics by introducing a watch-list mechanism, to begin within one year. However, Parliament remains keen to see water quality further improved through other related policies.
European Public Prosecutor’s Office and European Anti-fraud OfficeMembers debated and voted on the early second-reading agreement reached in trilogue negotiations on the revised Regulation on the European Anti-fraud Office (OLAF), to provide for cooperation with the new European Public Prosecutor’s Office (EPPO). The EPPO will provide an independent and decentralised EU office to investigate, prosecute and bring crimes to judgment. However, this means that the relationship between the EPPO and OLAF needs to be carefully codified in the rules of both organisations, based on principles of close cooperation, information exchange, complementarity and non-duplication.
Nomination to the Court of AuditorsIn a secret vote, Members issued a negative opinion on the nomination of Marek Opioła as the Polish member of the Court of Auditors, to replace Janusz Wojciechowski, now EU Commissioner for agriculture. While Parliament’s decision is not legally binding on the Council, the Budgetary Control Committee nevertheless examines each candidate on their ability to perform their duties in complete independence and in the general interest of the EU. The publicity surrounding these hearings and the questionnaire answered by the candidates therefore makes it difficult (but not impossible) for the Council to over-ride any negative opinion delivered by Parliament.
European Year of RailMembers voted on a provisional agreement on a proposal to designate 2021 as the European Year of Rail, reflecting the EU’s climate ambition, as rail is a highly energy-efficient transport mode, and helping to boost passenger and goods traffic.
Opening of trilogue negotiationsMembers confirmed five mandates for negotiations from the Civil Liberties, Justice and Home Affairs Committee: on the proposal for a regulation on European Production and Preservation Orders for electronic evidence in criminal matters; on the proposal for a regulation establishing the conditions for accessing the other EU information systems; on the proposal for a regulation establishing the conditions for accessing other EU information systems for ETIAS purposes; on a proposal for a regulation laying down harmonised rules on the appointment of legal representatives for purpose of gathering evidence in criminal proceedings; and on a proposal for a regulation on a temporary derogation from certain provisions on the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combating child abuse online.
Read this ‘at a glance’ on ‘Plenary round-up – December 2020‘ in the Think Tank pages of the European Parliament.