Implementing decision 2022/2506 - Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary - Main contents
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official title
Council Implementing Decision (EU) 2022/2506 of 15 December 2022 on measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2022/2506 |
| Regdoc number | ST(2022)14247 |
| Original proposal | COM(2022)485  |
| CELEX number i | 32022D2506 |
| Document | 15-12-2022; Date of adoption |
|---|---|
| Publication in Official Journal | 20-12-2022; OJ L 325 p. 94-109 |
| Effect | 16-12-2022; Takes effect Date notif. See Art 4 |
| Deadline | 16-03-2023; See Art 3 |
| End of validity | 31-12-9999 |
| Notification | 16-12-2022 |
20.12.2022 |
EN |
Official Journal of the European Union |
L 325/94 |
COUNCIL IMPLEMENTING DECISION (EU) 2022/2506
of 15 December 2022
on measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (1), and in particular Article 6(10) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 24 November 2021, the Commission sent a request for information to Hungary pursuant to Article 6(4) of Regulation (EU, Euratom) 2020/2092, to which the Hungarian authorities replied on 27 January 2022. |
(2) |
On 27 April 2022, the Commission sent a written notification to Hungary pursuant to Article 6(1) of Regulation (EU, Euratom) 2020/2092 (the ‘notification’). In the notification, the Commission raised its concerns and presented its findings regarding a number of issues related to the public procurement system in Hungary, including:
|
(3) |
Those issues and their repetition over time demonstrate a systemic inability, failure or unwillingness, on the part of the Hungarian authorities, to prevent decisions that are in breach of the applicable law, as regards public procurement and conflicts of interest, and thus to adequately tackle risks of corruption. They constitute breaches of the principles of the rule of law, in particular the principles of legal certainty and prohibition of arbitrariness of the executive powers and raise concerns as to the separation of powers. |
(4) |
In the notification, the Commission set out additional grounds and presented its findings regarding a number of issues related to investigation and prosecution, and the anti-corruption framework, including limitations to the effective investigation and prosecution of alleged criminal activity, the organisation of the prosecution services, and the absence of a functioning and effective anti-corruption framework in practice. Those issues constitute breaches of the principles of the rule of law, in particular regarding legal certainty, the prohibition of arbitrariness of the executive powers and effective judicial protection. |
(5) |
In the notification, the Commission set out the factual elements and specific grounds on which it based its findings and also requested Hungary to provide certain information and data regarding those factual elements and grounds. In the notification, the Commission gave 2 months to the Hungarian authorities to submit their observations. |
(6) |
On 27 June 2022, Hungary replied to the notification (the ‘first reply’). By letters of 30 June and 5 July 2022, Hungary submitted further information to complement the first reply. Moreover, on 19 July 2022, Hungary sent an additional letter proposing a number of remedial measures to address the findings in the notification. |
(7) |
The Commission assessed the observations submitted in the first reply and concluded that they did not allay its concerns and findings set out in the notification. Furthermore, the Commission considered that neither... |
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