The European Commission has long been pressing these countries to comply with the rule of law

Belén Becerril: "The tension between the European institutions and Poland and Hungary has been going on for a long time

photo_camera PHOTO / Archivo - Belén Becerril, Deputy Director of the Royal University Institute of European Studies

The deputy director of the Royal University Institute of European Studies and professor of law at the CEU San Pablo University analysed the current situation in Europe with regard to the controversy with Hungary and Poland for the programme of Atalayar on Capital Radio. 

According to a 'pure research' survey on the acceptance of the EU in the United Kingdom, she said that almost 70% of British citizens see the EU in a positive light, compared to 30% who reject the European institution. This shows that four or five years after the referendum they are still not very sure, and with Brexit almost over they are not very happy with what they voted for themselves.

Yes, I think it's a disaster. The latest pure research poll shows that 60% of the British have a favourable opinion of the EU, compared to 37% with an unfavourable opinion. You can also see the evolution of this data and it shows that that referendum was held at the worst time. 

Likewise, we have the issue of Poland and Hungary, which is what is being cooked up right now in the cauldrons of Brussels and the European Parliament. Although it always seems that Europe saves this type of agreement at the last minute, it is a very serious matter because this appeal by the EU to defend a very pure idea of the rule of law could be questioned in countries other than Poland or Hungary.

No doubt about it. This tension between the European institutions and Poland and Hungary has been going on for years, and the Commission has been putting pressure on these two states to comply with the rules of the rule of law. Respect for the law and respect for the independence of the judiciary, which have been repeatedly violated by both governments in recent years. In the case of Poland, for example, there has been a succession of laws since the ruling party came to power in 2015 which have constituted a real seizure of judicial power. There has been legislation on the constitutional court, then on the Supreme Court, then on the ordinary courts, and finally on the National Council of the Judiciary. 

Belen Becerril

The European Commission has launched one recommendation after another...

But the Polish government continues not to react and this is a huge concern because the European Union cannot be just an internal market or a single currency. This is the independence of the Judiciary and its respect for the law, for spaces of neutrality, for the independence of institutions, so this is one more chapter in this long history. I am very concerned about this iliberal drift, because I believe that it is not limited to Poland and Hungary; we are seeing it in other States. In the end these winds of populism always question not so much democracy, the fact of voting, but the rule of law.  The rule of law, the independence of the judiciary and the freedom of the press are very worrying.

When the need arose for the countries of the East to join the European Union, because we had a historical debt to them, it was thought that there was indeed one with the countries that had been at the iron heel of the Warsaw Pact under the communist tyranny of the Soviet Union, but were those countries prepared to join? Because for Spain and Portugal the accession negotiations lasted for years, and until we met the conditions imposed to be able to join, we did not do so. 

I am very interested in this historical perspective. I believe that when the EU faced this great enlargement to include the countries of Central and Eastern Europe at that time, this sanctioning mechanism was included, which is Article 7, some people call it the nuclear button that is there in the treaty. This is included precisely because these democracies are weaker, and there must be a minimum and an "emergency button" if the values on which the EU is based are not fulfilled. Otherwise, the paradox arises that in order to join the EU, a state has to respect these political standards but once inside it is not subject to control, and that cannot be.

Is that why this sanctioning mechanism is included?

That's right, it has been there for years and the problem is that in the end you need unanimity to sanction a state for violating these values. Therefore, this becomes impossible if Hungary and Poland cover their own backs and that is why this regulation that has been proposed and the Council and Parliament reached this agreement a few days ago, which allows a state that violates the rule of law to freeze funds by a qualified majority. In this way, European funds are made conditional on respect for the rule of law, and that is why this crisis, since they cannot prevent it because this requires a qualified majority, they have taken the decision to veto the budget and the recovery fund has become a blackmail for countries such as Spain or Italy that do need these funds and cannot wait.

Belén Becerril

egarding the need that exists in European countries for people to talk about Europe and get to know Europe, I would like you to explain to us that the Institute of European Studies of the CEU San Pablo is an institution at university level, but also at a level of fundamental research in general, because there are times when in Spain we are very Europeanist, but then we forget about Europe. To what extent should each country have the need to have this type of institution that is promoting the European spirit and, above all, analysing, informing and telling the reality of what we are experiencing? 

Well, I think it is very important. Furthermore, there is a growing interest, particularly among young people. Young people particularly value European integration. For example, mobility is one of the elements that they most value and they want to know more about it. In Spain we still have a long way to go to talk about Europe to the youngest people and, of course, at university and we do everything possible. On the one hand, we do more research and publications, but we also work to disseminate information, to have debates on social networks, and with this we hope that young people will be encouraged to know more about Europe, and to learn more about what the European Union does and does not do and what the Member States do.

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