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ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending 
2 August 2022
Thomas Wahl Thomas Wahl
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest … Read more
EU Protection of Financial Interests
Spotlight EP’s Statement on Annual PIF Report 2020 
2 August 2022
Thomas Wahl Thomas Wahl
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money. Read more
EU Protection of Financial Interests
ECA: Blacklisting to Protect EU Funds Ineffective 
1 August 2022 (updated 3 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
“Blacklisting” is not being used effectively to protect EU money from being paid out to untrustworthy individuals or entities, a report by the European Court of Auditors (ECA) says. In particular, there is no coherent set of obligations for the different payment modes. Read more
EU Protection of Financial Interests
Commission Proposed More Effective Management and Control of EU Budget 
21 July 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 16 May 2022, the European Commission presented a proposal for the recast of the EU’s financial rules applicable to its general budget, known as the “Financial Regulation”. It is proposed that improvements are made around three axes: increased transparency, better protection, and more agility. Read more
EU Protection of Financial Interests
EP: EU Needs Strong Auditing and Monitoring Mechanism for Recovery and Resilience Facility 
1 July 2022
Thomas Wahl Thomas Wahl
On 23 June 2022, the European Parliament (EP) adopted a resolution on the implementation of the Recovery and Resilience Facility (RRF). The resolution aimed to provide EP’s input to a review process regarding the progress of the RRF implementation. Read more
EU Protection of Financial Interests
MEPs Dissatisfied with Progress in Rule-of-Law Procedures against Poland and Hungary 
1 July 2022
Thomas Wahl Thomas Wahl
In a resolution of 5 May 2022, the European Parliament (EP) reiterated its dissatisfaction with the progress of the ongoing Article 7 TEU procedures against Poland and Hungary. The resolution – adopted with 426 to 133 votes (and 37 abstentions) – calls on the … Read more
EU Rule of Law Protection of Financial Interests
CJEU Ruled on Duplication of Criminal and Administrative Penalties in French System 
15 June 2022
Thomas Wahl Thomas Wahl
On 5 May 2022, the CJEU ruled on the limits of the ne bis in idem principle enshrined in Art. 50 CFR under the French legal system. Accordingly, EU law does not preclude a duplication of criminal penalties and administrative sanctions with a criminal nature if it is determined by national provisions and foreseeable settled case-law of the supreme court. Read more
EU Fundamental Rights Protection of Financial Interests Ne bis in idem
First Annual Report on Implementation of RRF 
20 April 2022
Thomas Wahl Thomas Wahl
On 1 March 2022, the Commission published its first annual report on the Recovery and Resilience Facility (RRF). The RRF is providing up to €723.8 billion (in current prices) of grants and loans to Member States to support transformative investments and reforms that boost … Read more
EU Protection of Financial Interests
Conditionality Mechanism: MEPs Dissatisfied – Commission Takes Action against Hungary 
12 April 2022 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
In a resolution of 10 March 2022, the EP calls on the Commission to take urgent action and immediately apply the Rule of Law Conditionality Mechanism. On 5 April 2022, Commission President von der Leyen told that the conditionality mechanism will be applied vis-à-vis Hungary. Read more
EU Rule of Law Protection of Financial Interests
Spotlight Commission Publishes Guidelines on Application of Conditionality Mechanism 
12 April 2022 (updated 7 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 2 March 2022, the European Commission published guidelines on the application of Regulation 2020/2092 setting out the general regime of conditionality for the protection of the Union budget (the “Conditionality Regulation”). The guidelines explain more clearly and precisely how the Commission will apply the Regulation. Read more
EU Rule of Law Protection of Financial Interests
Spotlight CJEU Rules on Member States’ Liability in the Event of Losses of Own Resources 
11 April 2022
Thomas Wahl Thomas Wahl
On 8 March 2022, the CJEU ruled that the United Kingdom has failed to fulfil its obligations in relation to customs control and the availability of EU own resources by failing to adopt the measures necessary to combat fraud with regards to undervalued imports of textiles and footwear from China. In particular, the UK had to take into account OLAF risk analysis tools. Read more
EU OLAF Protection of Financial Interests
European Chief Prosecutor: Poland Systematically Refuses Cooperation with EPPO 
6 April 2022 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl
The European Chief Prosecutor informed the Commission of Poland's systematic refusal to cooperate with the EPPO. Poland has refused to apply the regular, binding EU judicial cooperation instruments as well as to sign a working arrangement with the new EU body for tackling crimes against the EU's financial interests. Read more
EU Rule of Law European Public Prosecutor's Office (EPPO) Protection of Financial Interests
Eurojust Helps Unveil Major Fraud Case with EU’s Agricultural Funds 
3 March 2022
Thomas Wahl Thomas Wahl
On 23 February 2022, Eurojust reported on the results of a joint investigation team that involved Romanian and Italian prosecutors and OLAF. The investigations dismantled an organised crime group which defrauded the EU of at least €800,000 in the sector of agricultural funds. The case … Read more
EU OLAF Eurojust Protection of Financial Interests
ECA Report on EU Support for the Rule of Law in the Western Balkans 
25 February 2022
Dr. Anna Pingen Dr. Anna Pingen
A report found by the European Court of Auditors found that, while EU action has contributed to reforms in technical and operational areas (e.g. improving the efficiency of the judiciary), it has had little overall impact on fundamental rule-of-law reforms in the Western Balkans. Read more
Rule of Law Protection of Financial Interests
Spotlight CJEU Dismisses Actions against Rule-of-Law Conditionality to Safeguard the EU Budget 
16 February 2022 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 16 February 2022, the CJEU dismissed the actions brought by Hungary and Poland that sought annulment of Regulation 2020/2092 “on a general regime of conditionality for the protection of the Union budget”. The CJEU mainly rejected three pleas put forward by the applicants. The CJEU confirmed the legal basis, the non-circumvention of the "Article 7 procedure", and the compatibility with the principle of legal certainty. Read more
EU Rule of Law Protection of Financial Interests
ECA Report on Regularity of Spending in EU Cohesion Policy 
29 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 23 November 2021, the European Court of Auditors (ECA) published a report on the European Commission’s estimate of error in EU cohesion policy. The ECA pointed out that the related error rates, as disclosed by the Commission, are likely to underestimate the real level … Read more
EU Protection of Financial Interests