Source: European Parliament
The exclusion of Modul University Vienna from EU funding granted through direct or indirect management is due to Council Implementing Decision 2022/2056 (CID)[1], which aims at protecting the EU budget against rule of law breaches in Hungary.
In accordance with Article 2(2) of the CID, legal commitments cannot be entered into with any public interest trust or entities maintained by such trusts, if they are established under the provisions of the Hungarian Act IX of 2021.
The evaluation of Modul University Vienna’s ownership structure, carried out by the Erasmus+ National Agency in Austria, concluded that since 12 May 2023 Modul University Vienna is to be considered as an entity maintained by the Mathias Corvinus Collegium, a public interest trust listed under the aforementioned Hungarian Act IX of 2021.
The European Health and Digital Executive Agency (‘HADEA’) reached the same conclusion in August 2024 regarding another project. Modul University Vienna challenged it before the General Court of the European Union. The case is pending (Case T-570/24).
The Commission respects the relevant legal framework, including the Treaty on the Functioning of the EU, Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the EU budget, Regulation (EU) 2021/817[2] on Erasmus+, and Regulation (EU) 2021/695[3] on Horizon Europe.
The legal framework ensures that the awarding of funds is guided by transparent and objective criteria, in full compliance with the principle of equal treatment , and includes mechanisms for recourse.
The Commission is fully committed to support a diverse and pluralistic scientific and research community across Europe and applies the same objective criteria irrespective of political or ideological affiliations, ensuring that no unjust discrimination occurs against any entity.
- [1] Council Implementing Decision (EU) 2022/2506 of 15 December 2022 on measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary, OJ L 325/94, 20.12.2022.
- [2] Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013, OJ L 189/1, 28.5.2021.
- [3] Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013, OJ L 170/1, 12.5.2021.