Dep min criticises legal opinion on conditionality mechanism complaint

Poland’s deputy justice minister has described an opinion issued by the advocate general of the EU’s highest court calling on the court to dismiss a Polish and Hungarian challenge to a conditionality mechanism as "an assault on the rule of law."

Manuel Campos Sanchez-Bordona, an advocate general of the Court of Justice of the European Union (CJEU), wrote in the opinion issued on Thursday that the court should throw out the complaints of two countries.

The mechanism allows Brussels to block EU funding to a member state that fails to respect rule of law. Both Hungary and Poland stand accused of undermining the rule of law.

Sanchez-Bordona argued that the law linking funding with respect for the rule of law was "adopted on an appropriate legal basis... and respects the principle of legal certainty."

In response, Sebastian Kaleta, Poland's deputy justice minister, took to Twitter on Thursday.

"Unfortunately, what we warned against a year ago is becoming a fact; the opinion of the advocate general of the CJEU clearly aims at sanctioning the off-treaty conditionality mechanism," he wrote.

"It was naive to trust EU institutions would be capable of self-restraint... This is an assault on the rule of law," he added.