What changed between the resolution motion and the adopted text

Changed:K. whereas the Commission adopted a decision on 13 December 2023 considering that the horizontal enabling condition on the Charter had been fulfilled in relation to judicial independence; whereas this decision means that the Hungarian authorities may start claiming reimbursements of up to around EUR 10.210,2 billion from European Structural and Investment Funds;

Changed:5. Expresses its regret and reaffirms its serious concerns about the Commission decision considering that the horizontal enabling condition of the Charter had been fulfilled in relation to judicial independence, thus enabling the Hungarian authorities to submit reimbursement claims of up to EUR 10.210,2 billion without adequate control mechanisms or public procurement procedures in place to guarantee sound financial management and the protection of the EU budget; believes that this decision politically contradicts the decision to prolong the measures adopted under the Conditionality Regulation and expresses its disappointment that Parliament was not adequately informed during the process; underlines that the Commission is tasked with independently and objectively assessing Hungary’s compliance with applicable legislation, without compromising on democracy, the rule of law and fundamental rights; believes that even after the recent reforms, Hungary does not meet the standard of judicial independence set out in the Charter, as indicated by experts in Hungary and internationally, as the measures adopted do not ensure sufficient safeguards against political influence and can be either circumvented or inadequately applied; is concerned, in particular, about the persistence of obstacles to preliminary references, problems with the allocation of cases in the Kúria, and the deficient system for the nomination of President of the Kúria; urges the Commission to share, together with the decision, a detailed written justification; calls on the Commission to re-assess its decision, particularly in light of the national measures taken since its adoption, and to refrain from disbursing any funds until all of the relevant legislation has been fully implemented and the adopted measures have proven their effectiveness in practice;

Changed:11. Instructs its Committee on Legal Affairs to take the necessary steps as soon as possible in relation to the Commission’s decision leading to the unfreezing of EUR 10.210,2 billion, including requesting the Legal Service’s analysis in accordance with Rule 149, with a view to reviewing the legality of Decision C(2023) 9014C(2023)9014 before the Court of Justice of the European Union, in accordance with Article 263 of the Treaty on the Functioning of the European Union; recalls the possibility for Parliament to use any of the legal and political measures at its disposal if the Commission releases funding without the criteria being fulfilled or if it fails to ensure the full implementation of the relevant legislation, considering its responsibility to act as the guardian of the Treaties and to protect the EU’s financial interests; reminds that the Commission is politically accountable to Parliament;