In the expert's view, MEPs in the European Parliament's leftist-liberal, far-left and center-left-EPP majority are now outbidding each other to prove their commitment to their cause and hope to make political gains from pillorying Hungary once again.
Although the EP now appears rather eager to fight, it is important to point out that the European Court of Justice is not exactly known for its swiftness. Thus a decision on the merits will most likely come after the elections, when a completely different European Parliament and Commission may be in place,
the analyst added.
The EU treaties provide EU institutions with the opportunity to file lawsuits against each other in two cases: if one institution abuses its powers or if it fails to make a decision, Laszlo Dornfeld explained. If the EP is really resolved to initiate a lawsuit, it can invoke the former. "There are not many examples of this type of procedure and it is rare that the CJEU has the final say in such cases," the expert noted, highlighting that
all of this is much more likely to be a political pressure exercise that affects Ursula von der Leyen particularly sensitively because she will probably run for president again this year, and she will need the trust of both the member states and the EP.
"The disbursement of funds already unlocked is unlikely to be jeopardized by the current fierce table-pounding," the senior analyst at the Center for Fundamental Rights pointed out. Even if the Commission is actually sued, bringing a decision will be a protracted process.
The current lashing out at Hungary is more about the election campaign and the fate of the 22 billion remaining frozen,
he underlined, noting that, in his view, the strong message is probably not addressed to Hungary but to Ursula von der Leyen in a bid to discipline her for having been lenient with Hungary – although all the requirements were fulfilled by the Hungarian government.
They are basically letting her know that there can be no question of releasing more money, or of further leniency towards Hungary, but that the already begun financial blackmail has to be continued.
According to the analyst, the reason why the EP is not threatening with their weapon of choice, the motion of censure, against the Commission is straightforward: elections are coming soon, rendering this tool now powerless.
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