EXCLUSIVE PMP MEP, Eugen Tomac, announces that he has filed an action with the Court of Justice of the European Union asking the court to declare the illegality of the decision by which the JHA Council rejected Romania’s accession to the Schengen area: „A new vote can no longer be a political one, but a technical one. A positive vote”.

PMP MEP Eugen Tomac announced in a statement to G4Media.ro that he filed an action with the Court of Justice of the European Union on Monday, asking the court to declare the illegality of the decision by which the Justice and Home Affairs Council (JHA) rejected Romania’s accession to the Schengen area on 8 December 2022. „As a result, if the decision refusing Romania membership of the Schengen area is found to be unlawful by being annulled by the Court, a new vote on the same decision can no longer be a political vote, but a technical one, taking strict account of the Schengen evaluation conditions, which we fulfill. A positive vote,” Tomac told G4Media.ro.

The PMP MEP also said that the action at the Court of Justice of the European Union is an action for annulment based on Article 263 TFEU. Tomac also said that before filing the action at the CJU, he sent letters to the Prime Minister of Romania, to all the Prime Ministers of the Member States, to the President of the Parliament and to the President of the Commission, asking them to support an action at the CJUE.

Tomac also says that he has analyzed several avenues, such as an action for failure to act or actions for claims brought against the states that voted against Romania’s entry into the Schengen area (Austria and the Netherlands) „After consulting lawyers, professors of European law, former judges at the CJEU from several countries, we considered that the action for annulment is most likely to be admissible,” said Eugen Tomac.