EU's Rule-of-Law Conditionality: Hope and Concern in EU Enlargement
The EU's rule-of-law conditionality, introduced in 2021, has sparked both hope and concern. While it aims to ease mistrust in EU enlargement and ensure funding compliance, critics warn of potential intra-EU divides and legitimacy erosion.
The new mechanism allows the EU to suspend funds to member states that violate law principles. Hungary and Poland have already faced sanctions under this system, demonstrating its implementation. However, the inconsistent application of financial conditionality tools has raised questions about political influence.
Proponents argue that law conditionality could help candidate countries build trust with the EU. Yet, it also risks deepening divisions among member states, with some fearing a 'conditionality culture' that could erode the EU's legitimacy if not grounded in clear procedures and transparent criteria.
Moreover, meeting law standards at accession offers no guarantee against future funding suspensions. Candidate countries may face new and evolving conditions even after joining the EU. This uncertainty has sparked debate about the long-term implications of the law conditionality mechanism.
The EU's law conditionality has begun to reshape funding dynamics, with EU funding now contingent on law compliance. The 2021 Common Provisions Regulation links funding to respect for the EU Charter of Fundamental Rights. The Commission can unilaterally suspend payments under the Recovery and Resilience Facility and Cohesion Funds. As Hungary and Poland have discovered, non-compliance can lead to lsat. However, the future of this mechanism remains a contentious issue, with some welcoming its potential to strengthen EU values and others cautioning about its potential pitfalls.
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