The Conditionality Judgment in a Nutshell

The EU has the competencies to adopt the conditionality regulation as a valid measure of protecting its budget

17 February 2022

The Court emphasised the rule of law as a value common to all member states.

On 16 the Court of Justice of the European Union delivered its judgment in case C-156/21 concerning the legality of the Conditionality Regulation, which had been challenged by Poland and Hungary. The court dismissed the challenges, finding the Regulation valid.

What Is the Conditionality Regulation and Why Is It Important?

The Conditionality Regulation is a mechanism to deny funds from the EU budget to a member state that does not respect the rule of law. In cases where breaches of the rule of law in a member state threaten EU financial interests, the EU Commission may ask the Council to adopt suitable measures, for instance freezing payments to the state concerned. It is thus called a ‘conditionality mechanism,’ as it makes EU funding conditional on respecting the rule of law.

The Regulation was adopted in late 2020, as a response to the deteriorating situation in some member states, chiefly in Poland and Hungary. 

Subscribe

Democratic security comes at a price. What is yours? By subscribing or donating now gain access to analysis, forecasts and scenarios by leading analysts and reporters who monitor democratic risks and develop policy debate from Central Europe on Central Europe.

MonthlyVAT included

€4/month

See all details

  • Full access to articles and reports
  • Monthly foresights and risk analysis delivered by e-mail
  • Weekly newsletter with most important highlights
  • Visegrad Insight social media community groups invitation

AnnualVAT included

€40/year

See all details

  • All monthly features PLUS…
  • Free invitation to one editorial board discussion to participate in deciding on the future direction of the Visegrad Insight
  • Free delivery of two select hardcopies of Visegrad Insight reports

Student OR Donation

Choose your contribution

See all details

  • Full access to articles and reports
  • Monthly foresights, weekly newsletters, and risk analysis delivered by e-mail
  • Free invitation to one editorial board discussion to participate in deciding on the future direction of the Visegrad Insight (annual subscription only)

Can I receive an invoice?

Yes. You will receive a receipt immediately after purchase and a VAT invoice upon request. The subscription amount includes tax. In case of a donation, there is no tax.

Are my credit card details safe?

Yes. The payment is processed by STRIPE www.stripe.com entrusted also by Amazon, Zoom, Booking.com and used by other global NGOs and businesses in the world. We do not store your credit card details.

How modify or cancel my subscription?

At any moment you can manage your subscription and account details. Sign in to modify or cancel.

Paweł Marcisz

Faculty member of the Department of European Law, University of Warsaw.

Newsletter

Weekly updates with our latest articles and the editorial commentary.