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Poland and Hungary are suing the European Court of Justice (ECJ) against the new rule of law clause in the EU budget.

The Polish government in Warsaw first announced its own complaint on Thursday.

The top EU judges should examine whether the new mechanism for reducing or canceling EU funds in the event of certain violations of the rule of law is permissible.

"We believe that such solutions have no legal basis in the (EU) treaties," said the Polish government about the lawsuit.

The regulation interferes impermissibly "in the competences of the member states".

A little later, the Hungarian Minister of Justice announced that she would also file a lawsuit.

“We cannot allow this EU provision, which seriously violates EU law, to remain in force,” Judit Varga wrote on Thursday on her Facebook page.

That is why her country and Poland are suing the rule of law.

The ECJ, based in Luxembourg, confirmed receipt of the two lawsuits.

The top EU judges will now examine whether the new mechanism for reducing EU funds in the event of certain violations of the rule of law is permissible.

Wrestling at the EU summit

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The rule of law mechanism was adopted after a long struggle at the EU summit in December and has been in force since January 1st.

It can lead to a reduction or cancellation of EU funds if their proper use is hampered by deficits in the rule of law.

Poland and Hungary had fiercely opposed the regulation.

Because of the dispute, they blocked a trillion dollar financial package from the EU budget and the Corona aid fund for weeks.

The blockade was resolved by a compromise negotiated by the then German EU Presidency.

In an explanatory declaration, Warsaw and Budapest were assured that there would initially be no cuts in EU funds if they lodge a complaint with the ECJ against the regulation.

Such procedures usually take an average of 18 months.

After the summit compromise, Hungary and Poland - but also other EU countries that may be affected - would not face any sanctions before 2022.

However, the EU Commission has already announced that it will apply for accelerated ECJ proceedings in the event of lawsuits.

These are completed on average in a good ten months.