The European Union on Friday agreed to indefinitely freeze Russian assets to stop Hungary and Slovakia from blocking their use in funding support for Ukraine.
Using a special procedure meant for economic emergencies, the EU blocked the assets until Russia gives up its war on Ukraine and compensates its neighbor for the heavy damage that it has inflicted for almost four years.
EU Council President António Costa said European leaders had committed in October "to keep Russian assets immobilized until Russia ends its war of aggression against Ukraine and compensates for the damage caused. Today we delivered on that commitment.”
It’s a key step that will allow EU leaders to work out at a summit next week how to use the tens of billions of euros in Russian Central Bank assets to underwrite a huge loan to help Ukraine meet its financial and military needs over the next two years.
"Next step: securing Ukraine's financial needs for 2026-27," added Costa, who will chair the summit on Dec. 18.
The move also prevents the assets, estimated to total around 210 billion euros ($247 billion), from being used in any negotiations to end the war without European approval.
A 28-point plan drafted by U.S. and Russian envoys stipulated that the EU would release the frozen assets for use by Ukraine, Russia and the United States. That plan, which surfaced last month, was rejected by Ukraine and its backers in Europe.
Hungarian Prime Minister Viktor Orbán – Russian President Vladimir Putin's closest ally in Europe – accused the European Commission, which prepared the decision, "of systematically raping European law."
The vast majority of the funds – around 193 billion euros ($225 billion) at the end of September – are held in Euroclear, a Belgian financial clearing house.
The money was frozen under sanctions that the EU imposed on Russia over the war it launched on Feb. 24, 2022, but these sanctions must be renewed every six months, and all 27 member countries must approve them for that to happen.
Hungary and Slovakia oppose providing more support to Ukraine.
Friday's decision, which is based on EU treaty rules allowing the bloc to protect its economic interests in certain emergency situations, prevents them from blocking the sanctions rollover and make it easier to use the assets.
Orbán said on social media that it means that "the rule of law in the European Union comes to an end, and Europe's leaders are placing themselves above the rules."
"The European Commission is systematically raping European law. It is doing this in order to continue the war in Ukraine, a war that clearly isn't winnable," he wrote. He said that Hungary "will do everything in its power to restore a lawful order."
In a letter to Costa, Slovak Prime Minister Robert Fico said that he would refuse to back any move that "would include covering Ukraine's military expenses for the coming years."
He warned "that the use of frozen Russian assets could directly jeopardize U.S. peace efforts, which directly count on the use of these resources for the reconstruction of Ukraine."
But the commission argues that the war has imposed high costs by hiking energy prices and stunting economic growth in the EU, which has already provided nearly 200 billion euros ($235 billion) in support to Ukraine.
Belgium, where Euroclear is based, is opposed to the "reparations loan" plan. It says that the plan "entails consequential economic, financial and legal risks," and has called on other EU countries to share the risk.
Russia's Central Bank, meanwhile, said on Friday that it has filed a lawsuit in Moscow against Euroclear for damages it says were caused when Moscow was barred from managing the assets. Euroclear declined to comment.
In a separate statement, the Central Bank also described wider EU plans to use Russian assets to aid Ukraine as "illegal, contrary to international law," arguing that they violated "the principles of sovereign immunity of assets."
