Commission Management of EU Funds Questioned at the General Court on the Grounds of Discrimination Against Persons with Disabilities


Three disability rights organizations have brought an action of annulment before the General Court against the European Commission, for failing to halt EU infrastructure funding used by Bulgarian authorities to build institutions for persons with disabilities. Having failed to suspend the projects in Bulgaria, the organizations turned to the European Commission to halt funding to Bulgaria until the country complied with EU law and the UN Convention on the Rights of Persons with Disabilities. After the Commission’s refusal, the applicants brought an action before the General Court. Information on the application is available in the organization’s official press release available here.

The cases raises important issues of judicial review in light of international law, in particular the UN Convention on the Rights of Persons with Disabilities, to which the EU is a party. In its judgment in HK Denmark (C‑335/11 and C‑337/11), the Court of Justice stated that the UN Convention is an integral part of EU law and required all acts of secondary law to be interpreted in conformity with the UN Convention. In the case of ENIL Belgium, the General Court will be confronted with relevant issues about the UN Convention applicability, funding conditionality and human rights compliance by EU Institutions and Member States. Further details about the proceedings at the General Court are available here

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By Eulawlive