EU foreign ministers explore legal loopholes to bypass Hungary’s veto on Ukraine aid

EU foreign ministers explore legal loopholes to bypass Hungary’s veto on Ukraine aid

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European Union foreign ministers met on June 24, 2024, and laid out plans to circumvent Hungary’s veto against sending a multi-billion-dollar military assistance package to Ukraine. According to the plan, the EU could use Russia’s frozen assets to provide weapons and other military support to Ukraine.

For over a year, Hungary has obstructed the provision of aid under the European Peace Facility (EPF), resulting in a staggering backlog of $7.2 billion. This obstruction has prevented member states from being reimbursed for military supplies sent to Ukraine, a situation that has become a source of considerable embarrassment for Brussels. The EU foreign ministers have now devised an innovative solution to bypass Hungary’s blockade.

The potential solution lies in the $229 billion in Russian central bank assets that EU sanctions have immobilized. Although these assets are frozen, they continue generating revenues that Moscow cannot access. In March, EU countries reached a consensus to capture these revenues and direct them into Ukraine’s coffers to finance military equipment and reconstruction projects.

EU Foreign Policy Chief, Josep Borrell, emphasized the urgency of transferring an initial tranche of $1.5 billion, which is set to become available next week. “We decided to take this money – we are not going to reconsider a decision which has already been taken. Now, we have to implement this decision,” Borrell stated on Monday.

Borrell reiterated that using revenues from frozen Russian assets to purchase weapons for Kyiv cannot be challenged by Hungary. He suggested that Budapest, which has previously rejected such proposals, should be excluded from the decision-making process regarding the use of these assets. “The mechanism to bypass the veto will be complex, like any legal solution, but workable,” Borrell asserted.

Hungary’s Prime Minister Viktor Orban walking in front of the European Union flag. (Image Credit: Johanna Geron/Reuters)

Lithuania’s foreign minister, Gabrielius Landsbergis, also expressed optimism about reaching a decision soon. “If not for EPF, maybe some different form it’ll take but I’m sure Ukrainians will receive the money,” he remarked.

Hungary’s foreign minister Peter Szijjarto did not strongly object to the details of the legal workaround, which has raised hopes that Budapest might not seek legal action to block it. However, some EU officials are concerned about the legal precedent this loophole could set for other issues where Brussels might circumvent potential vetoes.

“The pro-war hysteria continues, many governments are preparing for a long war, and the commandments ‘we must act faster for Ukraine, we must do more for Ukraine’ have been constant,” Szijjarto said following the meeting with his EU counterparts. “Instead of arms shipments, we are advocating a ceasefire,” he added.

The renewed push by Russian troops in Eastern Ukraine has intensified the need for immediate and robust support to Kyiv. The international community watches closely as Brussels navigates this complex political landscape to ensure timely aid reaches Ukraine, reinforcing its defense against ongoing aggression.

Ukrainian soldier loads rockets on a helicopter
A Ukrainian soldier loads rockets on a helicopter at an undisclosed location in eastern Ukraine. (Image Credit: Twitter/@ZelenskyyUa)

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