DISINFO: Decision to start EU accession negotiations with Ukraine and Moldova is legally questionable
SUMMARY
In the absence of some heads of state and governments, the decisions to start negotiating Ukraine's and Moldova's accession to the EU are legally questionable and clearly politicized.
The start of negotiations also directly contradicts the basic standards of the European Union.
RESPONSE
This claim refers to the European Council decision to open accession negotiations with Ukraine & Moldova taken on 14 December 2023.
In order to achieve unanimity, Hungarian Prime Minister Viktor Orbán left the room before the vote. This was a pre-planned move that happened with the understanding of all involved parties, including the Hungarian Prime Minister.
The move is known in the EU system as ‘constructive abstention’, which allows for a unanimous decision from the other 26 EU leaders when one EU member state objects to a decision but does not want to necessarily block it. This measure is allowed by article 31(1) of the Treaty on European Union. Contrary to the claim, constructive abstention does not violate any EU basic standards and has been used before. For example, in 2008, Cyprus abstained in Council vote on an EU civilian mission for Kosovo.