August 03
2021
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Trajan Shipley
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3rd June 2021
Institutional law Justice & Litigation

Court of Justice dismisses Hungary’s action against Parliament’s triggering of Article 7 TEU procedure

The Grand Chamber of the Court of Justice has delivered its judgment in Hungary v European Parliament (C-650/18), dismissing an action for annulment brought by Hungary against the European Parliament’s resolution of 12 September 2018 triggering the Article 7 TEU procedure. 

Pursuant to Article 354 TFEU, the resolution at issue required a two-thirds majority. The final voting procedure resulted in it being approved by 448 votes for and 197 against, with 48 MEPs abstaining. However, Article 354 TFEU does not specify whether abstentions must be taken into account in calculating if a resolution has been adopted or rejected.The European Parliament (EP) thus followed Rule 178(3) of its Rules of Procedure and did not take into account th

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