EU confirms that it wants to tie funds to rule of law

The EU’s is working on a proposal that could oblige member states such as Poland, which has clashed with Brussels over its judiciary reforms, to pass tests on the independence of their judicial systems before receiving funding. “One way could be to insist that independent justice systems are necessary for effective control of the use of EU funds. I would like to propose that link,” EU Commissioner for Justice, Consumer Rights and Gender Equality Vera Jourova said to Voice of America website. Facing the prospect of filling a hole left in the budget by Britain’s exit from the EU, and irritated by Poland and other governments in the ex-communist east on a range of issues, some wealthy Western governments have pushed for a clearer link between getting subsidies and abiding by EU standards. The German commissioner in charge of the budget, Guenther Oettinger, warned Poland this month that it could lose some of its €7 billion in annual funding if it fails to heed Brussels’ complaints about undermining the rule of law. According to Jourova,  there is a consensus that consideration should be given to strengthening judicial systems while planning the new budget. “Independent justice is necessary for effective control over the use of EU funds, and I want to suggest that both things be tied up,” she says. According to Jourova, in the second half of 2018, a review of EU policy on standards in justice could be made. The EU Commissioner points out that any new rules to be adopted will apply to all Member States and to all EU funds, not only for Cohesion Funds. “This should not be seen as a punitive measure, but as a mechanism to support good practices,” she added. Such proposal would need to be approved by member states governments to come into force.