According to Radio Liberty's Europe editor Rikard Jozwiak, lawyers in the European Union are already actively working on a "plan B" that will make it possible to bypass Hungary's veto on the extension of sanctions against the aggressor country Russia in June.
Points of attention
- The EU acknowledges the potential legal challenges, especially from Hungarian leader Viktor Orban, but views this strategy as a necessary step to counter Russia's aggressive actions.
- By leveraging the nuances of EU's sanction framework, the 'plan B' aims to navigate around obstacles and ensure continuity of punitive measures against Russia.
What is known about the new EU plan?
As the journalist managed to find out, this idea was first discussed during negotiations before the March extension of sanctions.
Despite this, doubts still remain as to how successful it is from a legal point of view.
What is important to understand is that European sanctions de facto consist of two documents: a decision and a resolution.
Rikard Jozwiak draws attention to the fact that the texts are practically identical and act together (countries agree and adopt a decision, which is implemented through a resolution).
The resolution itself must be unanimously extended every six months—but not the decision: the decision remains in effect until a qualified majority of votes is gathered to repeal it.
According to the authors of the new plan, this is what can be used to ignore Hungary's blocking of the extension of the resolution and leave the sanctions in place.
What is important to understand is that this decision is being seen as a "temporary and last resort" as Hungarian leader Viktor Orban and his henchmen could sue.
That is why the European Union realizes that the decision is not legally flawless.
