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Parliament sues Commission for failure to apply Rule of Law conditionality

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Following President Sassoli’s request to the Parliament’s legal service (20 October), the Parliament has today (29 October) submitted a lawsuit against the European Commission for its failure to apply the conditionality regulation to the Court of Justice.

The regulation, which was adopted last December, allows the EU to suspend payments from the EU budget to member states where systemic breaches of fundamental values, such as democracy or the independence of the judiciary, when those breaches affect – or risk affecting – the management of EU funds. 

The parliament fears that the Commission has refrained from using it so far, in particular, in relation to Poland, where the ECHR and the EU’s own court has found that the judicial system can no longer be described as ‘constitutionally constituted’ and far from independent government. The European Parliament’s actions were expected, but come a day after the European Network of Judicial Council’s expelled the judicial council (KRS) from its association.

President Sassoli said: “As requested in parliamentary resolutions, our legal service has brought an action against the European Commission for failure to apply the Conditionality Regulation to the Court of Justice today.

“We expect the European Commission to act in a consistent manner and live up to what President von der Leyen stated during our last plenary discussion on this subject. Words have to be turned into deeds.”

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