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Poland and Hungary have two months to answer a number of questions about violations that could jeopardize their EU funding as Brussels continues to push for legal independence.
On Friday, Brussels sent letters to Polish and Hungarian ambassadors to the EU, detailing in detail the allegations of violations in Warsaw and Budapest and the implications of EU financial security.
The letters, which FT saw, indicate an unconventional stance in Brussels’ decision in the coming months if they introduce a new regulatory framework, which could allow EU funds to be reinstated.
Ursula von der Leyen, President of the European Commission, said the introduction of the machine was one of the issues on the table when Brussels responded politically in Poland.
The letter sent to Warsaw concerns courts and attorneys, with the commission asking Hungary to provide information on the country’s procurement practices and the rights of its courts.
The committee has long been at loggerheads over the reform of the Polish courts, claiming that it threatens the right to justice and the unity of the EU.
Poland’s ruling Law and Justice Party says these changes are necessary to improve the situation, and that Brussels has no right to interfere in what it sees as a domestic issue.
Conflict between Brussels and Warsaw increase in October while the country’s highest court ruled that the basic principles of EU law were in violation of its rules.
The representation has delayed the approval of Poland’s € 36bn Covid-19 financial aid package from Brussels.
Other member states and members of the bloc have called for a new system of governance, which could jeopardize billions of euros in the EU’s annual budget for Warsaw.
Hungary is expected to receive € 7.2bn from the recovery fund.
Letters sent to Warsaw and Budapest do not indicate the origin of the machine, but it is a step there.
Hungary has been asked to clarify the weaknesses and shortcomings of the “persistence” in the country’s procurement laws which have raised concerns about corruption associated with the dispersal of EU funds.
Brussels has asked the Viktor Orban government to provide a list of 10 people or groups that receive the largest share of the billions of euros of EU agricultural aid that Hungary receives.
The letter to the Polish government contains a number of inquiries into the legal proceedings.
Among the issues raised was a Polish court ruling this summer that found some parts of the EU law to be inconsistent with the country’s laws, as well as a July ruling on the European Court of Human Rights’ ruling. The letter asks how Poland will ensure that EU financial security rules are respected, in light of the elections.
The letter also raises questions about prosecutors in Poland, including the merger of the office of the Minister of Justice of Poland and the prosecutor of the prosecution, as well as the dismissal of prosecutors in a number of cases in recent years.
If the prosecution service does not function properly and impartially, this could have implications for the EU’s financial management, says the letter.
The committee also raises questions about corruption scandals and anti-interest cases in Poland, asking whether cases involving the use of EU funds will be handled properly.
The difficulties in the independence of the Polish courts could also affect the “efficiency and fairness” of cases involving EU financial management, the agency said, “putting the European Union’s financial security at risk.”
Poland is being pressured to break up a court of law, which the European Court of Justice has ruled in favor of.
Polish officials did not immediately respond to a request for comment
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