“Austria’s decision at the JHA Council on Thursday left Romania outside the Schengen area, provoking a wave of harsh criticism, both from Romanian officials and from member states that voted for integration into the free movement area.
However, there are several solutions that Romania can use to turn the situation in our favor, one of them being the plea to the Court of Justice of the European Union (CJEU) to counter Austria’s veto, which can be considered illegal from from the point of view of the community legal order, considering that Romania fulfills the official conditions of accession.
A supporter of this action is MP Simona Maya Teodoriu, former government agent at the European Court of Human Rights (ECHR) and former judge of the Constitutional Court, who presented several arguments by which Romania could contest the outcome of the JHA Council.
*The arguments in favor of Romania*
“The issue of the actual entry into the Schengen area, that is, of the lifting of controls at the borders with other EU member states – because this is what we are talking about, in fact, as long as, from a legal point of view, Romania joined the Schengen acquis together with the accession to EU – can also be approached from the perspective of the community legal order. We have some guiding principles, derived from the treaties, configured in a fairly clear manner by the CJEU, in its jurisprudence – there are cases from 2012, 2015 – and highlighted by the doctrine”, explained Maya Teodoriu, according to RomâniaTV.
The deputy notes that one can appeal to the balance between the European institutions, namely the Parliament, the Commission and the Council, of which the first two voted unanimously for Romania’s accession.
“First of all, I think about the fundamental principle of institutional balance between the three key institutions – the European Parliament, the Commission and the Council. The CJEU has shown that this fundamental principle of balance between the powers and competences of the three essential institutions of the European Union essentially requires that each of them exercise its powers and prerogatives in respect of the powers and prerogatives of the other two.
However, both the European Parliament – which decided by vote and I was happy to see that the European social democrats voted unanimously in this regard – and the European Commission firmly decided in favor of Romania’s effective entry into the Schengen area. This aspect could be a starting point, in a possible action before the CJEU.
There are others, specific, in the context of cooperation within the third pillar – Justice and Internal Affairs. I believe and hope that the expert teams of the ministries with competences in the matter – Justice, Foreign Affairs – will analyze all possibilities in this regard”, explained Maya Teodoroiu.
The former Minister of Energy joins the debate
In this regard, the former Minister of Energy, Răzvan Nicolescu, also expressed himself, who believes that Austria’s vote is illegal and shows hostility, which is why Romania should support its case before the European justice institutions.
“Romania must make an institutional plan. Clearly, it is a gesture of hostility towards Romania, because they have no reasons, they didn’t even make the effort to explain. At least the Dutch had a rhetoric, they had a thought, they had an exposition. You could agree or disagree with them, but the Austrians had nothing,” claimed Nicolescu.
The former minister claims that he intends to file a formal complaint with the European Commission to request a finding of breach of procedures and breach of treaty obligations.
“From my point of view, I think we should take action against them (in court – n.r.), but until then I think the European Commission should find that the legislation is not respected, the treaty is not respected.
The interpretation of many lawyers is that they had no right to reject us and I will submit a formal complaint to the European Commission next week to request infringement proceedings against Austria.
This vote is not only immoral, inexplicable, but also illegal (…) it is a gesture of hostility towards Romania. I think that our accession was just a formality”, declared the former Minister of Energy, Răzvan Nicolescu, for Antena 3.”
It’s not going to happen anytime soon… now it was Austria and Holland … next time there will be other countries that will oppose the second-hand Europeans … Romania and Bulgaria … they closed the door in our noses … they want us in Europe only for the workforce … would be a lot to say but what’s the point of …
That would mean that we enter in to the Schengen on the back door and we really don’t deserve this since you know we meet all the conditions to do it like everyone
I would be ashamed as a romanian to enter schengen this way. Better off with no schengen if the other choice is to enter by giving Austria more free gas/oil than what already was given.
This is bullshit. Even if suing Austria would work,with the speed EU courts are moving this decision would probably come after another 11 years.
Romanian businesses are losing at least €10 billion every single year we are kept out of Schengen. Will Austria ever reimburse us for these losses? Obviously not. I believe the only way is to pressure them, but do it in a smart way, not blindly boycott all Austrian companies because this would quickly go south. But for example PORR and Strabag are winning a lot of public tenders in Romania and making billions. What if they stop winning so many tenders? It’s not like they are the only construction companies that can build roads and rails and shit. We could also go back to passing that forestry law that was attempted in 2015 and was so scary for Schweighofer that he pretty much bribed the president to reject it. The parliament could pass the same law and the piece of shit wouldn’t have the balls to reject it today because it would result in mass protests.
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Translation:
“Austria’s decision at the JHA Council on Thursday left Romania outside the Schengen area, provoking a wave of harsh criticism, both from Romanian officials and from member states that voted for integration into the free movement area.
However, there are several solutions that Romania can use to turn the situation in our favor, one of them being the plea to the Court of Justice of the European Union (CJEU) to counter Austria’s veto, which can be considered illegal from from the point of view of the community legal order, considering that Romania fulfills the official conditions of accession.
A supporter of this action is MP Simona Maya Teodoriu, former government agent at the European Court of Human Rights (ECHR) and former judge of the Constitutional Court, who presented several arguments by which Romania could contest the outcome of the JHA Council.
*The arguments in favor of Romania*
“The issue of the actual entry into the Schengen area, that is, of the lifting of controls at the borders with other EU member states – because this is what we are talking about, in fact, as long as, from a legal point of view, Romania joined the Schengen acquis together with the accession to EU – can also be approached from the perspective of the community legal order. We have some guiding principles, derived from the treaties, configured in a fairly clear manner by the CJEU, in its jurisprudence – there are cases from 2012, 2015 – and highlighted by the doctrine”, explained Maya Teodoriu, according to RomâniaTV.
The deputy notes that one can appeal to the balance between the European institutions, namely the Parliament, the Commission and the Council, of which the first two voted unanimously for Romania’s accession.
“First of all, I think about the fundamental principle of institutional balance between the three key institutions – the European Parliament, the Commission and the Council. The CJEU has shown that this fundamental principle of balance between the powers and competences of the three essential institutions of the European Union essentially requires that each of them exercise its powers and prerogatives in respect of the powers and prerogatives of the other two.
However, both the European Parliament – which decided by vote and I was happy to see that the European social democrats voted unanimously in this regard – and the European Commission firmly decided in favor of Romania’s effective entry into the Schengen area. This aspect could be a starting point, in a possible action before the CJEU.
There are others, specific, in the context of cooperation within the third pillar – Justice and Internal Affairs. I believe and hope that the expert teams of the ministries with competences in the matter – Justice, Foreign Affairs – will analyze all possibilities in this regard”, explained Maya Teodoroiu.
The former Minister of Energy joins the debate
In this regard, the former Minister of Energy, Răzvan Nicolescu, also expressed himself, who believes that Austria’s vote is illegal and shows hostility, which is why Romania should support its case before the European justice institutions.
“Romania must make an institutional plan. Clearly, it is a gesture of hostility towards Romania, because they have no reasons, they didn’t even make the effort to explain. At least the Dutch had a rhetoric, they had a thought, they had an exposition. You could agree or disagree with them, but the Austrians had nothing,” claimed Nicolescu.
The former minister claims that he intends to file a formal complaint with the European Commission to request a finding of breach of procedures and breach of treaty obligations.
“From my point of view, I think we should take action against them (in court – n.r.), but until then I think the European Commission should find that the legislation is not respected, the treaty is not respected.
The interpretation of many lawyers is that they had no right to reject us and I will submit a formal complaint to the European Commission next week to request infringement proceedings against Austria.
This vote is not only immoral, inexplicable, but also illegal (…) it is a gesture of hostility towards Romania. I think that our accession was just a formality”, declared the former Minister of Energy, Răzvan Nicolescu, for Antena 3.”
It’s not going to happen anytime soon… now it was Austria and Holland … next time there will be other countries that will oppose the second-hand Europeans … Romania and Bulgaria … they closed the door in our noses … they want us in Europe only for the workforce … would be a lot to say but what’s the point of …
That would mean that we enter in to the Schengen on the back door and we really don’t deserve this since you know we meet all the conditions to do it like everyone
I would be ashamed as a romanian to enter schengen this way. Better off with no schengen if the other choice is to enter by giving Austria more free gas/oil than what already was given.
This is bullshit. Even if suing Austria would work,with the speed EU courts are moving this decision would probably come after another 11 years.
Romanian businesses are losing at least €10 billion every single year we are kept out of Schengen. Will Austria ever reimburse us for these losses? Obviously not. I believe the only way is to pressure them, but do it in a smart way, not blindly boycott all Austrian companies because this would quickly go south. But for example PORR and Strabag are winning a lot of public tenders in Romania and making billions. What if they stop winning so many tenders? It’s not like they are the only construction companies that can build roads and rails and shit. We could also go back to passing that forestry law that was attempted in 2015 and was so scary for Schweighofer that he pretty much bribed the president to reject it. The parliament could pass the same law and the piece of shit wouldn’t have the balls to reject it today because it would result in mass protests.
don’t do that, don’t give me hope