The protocol would see the Commission taken to court for failing to take action against “the growing risk of misusing the Union’s budget as means to deteriorate the Rule of Law in some Member States.”
In a note to President Sassoli, they said they “regret” the Commission not taking action “in the most obvious cases of the breaches of the Rule of Law in the EU”.
They added: “To be prepared, the EP shall in the meantime immediately start the necessary preparations for potential court proceedings under Article 265 of TFEU against the Commission.”
But on Thursday, they decided to give the Commission an extra four months to act.
The vote, approved by 505 MEPs, came after European Parliament vice-President Katarina Barley scolded the Commission over its inaction against Hungary and Poland.
Brussels has been locked in an ongoing dispute with the two countries over controversial legal reforms, which the EU claims endanger judicial independence.
The bloc has consequently launched proceedings in accordance with Article 7 of the EU’s constitution, which could theoretically see both sides lose their European Council voting rights unless they back down.
“They can punish judges and public prosecutors or even dismiss them. The European Court of Justice already ruled in April 2019 that these chambers are not allowed to ‘discipline’. But despite strong pressure from Parliament, the Commission initially did nothing for a long time.
“And when they did react recently, it consisted of a new letter to the Polish government requesting a statement.
“There was not even a threat of financial sanctions, which would have been possible without further ado.”
She continued: “In other words, we cannot trust that the Commission will act and care when it says it will.
“We now want to prevent that it will take forever before something will happen again. The Commission says that ‘no case is lost’.
“But if we look again at the example of Poland: judges and public prosecutors are harassed – some of them are transferred to the other end of the country or parts of their salaries are cut; they will be taken to court.
“This is happening now. And that cannot be healed afterwards.”