LATEST Eugen Tomac officially asks the European Commission to challenge the JHA Council’s decision to block Romania’s entry into Schengen

MEP Eugen Tomac, President of the PMP, officially asked the European Commission on Tuesday to appeal to the Court of Justice of the European Union (CJEU) the EU Council decision of 8 December blocking Romania’s entry into the Schengen area.

„Free movement of persons and goods are fundamental freedoms of the Treaty on the Functioning of the European Union. Although Romania has signed up to the EU since 2005, these freedoms are still denied. Although Romania fulfils the conditions for accession to the Schengen area, which has been confirmed on several occasions since 2011, this right is once again violated today. The European Commission has confirmed that Romania has the right to Schengen. The European Parliament – also. The only institution that unjustifiably refuses Romania’s right to align with the other European states is the Council of the EU. Therefore, I ask the Commission to take immediate action against the Council at the Court of Justice of the European Union and to block such anti-European actions that violate the EU treaties,” Eugen Tomac told G4Media.

Asked what the legal deadline is for the European Commission to respond to his request, Tomac said that „the legal deadline is 30 days, but given the context, a decision can be taken much faster, given that the Council’s decision violates the EU Treaty. The European Commission has an obligation to act immediately in the spirit of defending the treaties. The principle of loyalty between the institutions is not being respected at the moment, the EU Council is basically questioning the work of the European Commission by not recognising the reports and assessments made by the European Commission”.

What are the next steps if the European Commission does not challenge the EU Council’s decision in court? „We have other instruments and we will use them only if the Commission does not act”, said Eugen Tomac, adding that „the Commission must remain loyal to its positions, being one of the main supporters of Romania’s admission to the Schengen Area”.

Background. On Thursday 8 December, the Justice and Home Affairs Council (JHA) formally rejected Romania’s entry into Schengen following a veto by Austria and the Netherlands. The Netherlands said it only opposed Bulgaria’s accession, but because Romania and Bulgaria are legally linked, its veto also counted against Romania.

The JHA Council is a formation of the EU Council. The EU Council is the EU institution that brings together the governments of the EU member states.

Translated article.