PMP President Eugen Tomak has sent an open letter to Prime Minister Nicolae Cuke, in which he asks to refer to the Court of Justice of the European Union the veto imposed by Austria and the Netherlands in connection with Romania’s accession to Schengen. The MEP also names the reasons why the vote violated European principles and treaties.

PMP President Eugen Tomak sent an open letter to Prime Minister Nicolae Chuke, noting:

1. Joint statements of Chancellor of Austria Karl Nehammer and Prime Minister of the Netherlands Mark Rutte regarding their countries’ opposition to the expansion of the Schengen zone by joining Romania and Bulgaria to the European free movement area;

2. Statements by the representatives of Sweden that they will not include the topic of Schengen area expansion in the agenda of the JAI Council from March 2023 in the absence of prior agreement between all EU member states;

3. The failure of the informal JAI Council of January 26, 2023, where Romania did not receive a specific calendar for the debate on this topic;

4. The unjustified veto of Austria and the Netherlands on the extension of the Schengen area, despite the Commission’s Communication of November 16, 2022.

“I ask you, on behalf of the Romanian government, to take all the necessary steps so that Romanians can move freely in the Schengen area. In particular, to start the procedure of applying to the Court of Justice of the European Union regarding the illegality of the right of veto expressed by Austria and the Netherlands at the meeting of the JAI Council on December 8, 2022,” the open letter reads.

The President of the PMP explains in detail the reasons why the vote of the JAI Council on 8 December 2022 violates several principles and legal provisions of the European Union:

• Protocol on the conditions and agreements regarding the accession of the Republic of Bulgaria and Romania to the European Union from the Treaty on the Accession of Romania to the European Union, Protocol 1, Art. 4 para. (2);

• Freedom of movement of people and goods (Article 21, paragraph (1) and Article 26, paragraph (2) of the Federal Treaty);

• The principle of loyal cooperation between member states (Article 4, Clause (3) of the TEU);

• The principle of loyal cooperation between institutions of the Union (Article 13, Clause (2) of the Federal Treaty);

• The principle of non-discrimination (Article 21 of the Charter of Fundamental Rights of the European Union);

“The court at the EU Court does not stop the negotiations. This only changes the given problem and shows that Romania finally knows how to protect itself with the tools offered by the EU.

Given the fact that things are very clearly spelled out in the treaties and in the Schengen Agreement, we have strong enough elements to support a claim in the CJEU,” the quoted document also says.

Tomak appreciates that “Romanians should enjoy the same rights as any other European citizen, according to the founding treaties of the EU.”

“Their violation is punished by the EU Court, there are even precedents of successful actions by Romania. This is a matter of national dignity, as well as a legitimate approach from a legal point of view. Before others give us our rights, we must understand that 20 million Romanians are European citizens and a fundamental right has been violated,” the open letter also states.

(source: news.ro)