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Protection of Financial Interests
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CJEU Rules on Compatibility of Romanian Constitutional Court Decisions with Effective Prosecution PIF Crimes
19 January 2022
Thomas Wahl
On 21 December 2021, the CJEU (Grand Chamber) delivered its judgment on several issues of the Romanian justice reform in the area of corruption. The referring Romanian courts mainly questioned whether several decisions of the Romanian Constitutional Court are compatible with Union law. The CJEU clarified the obligations incumbent under Art. 325 TFEU and the importance of judicial independent with regard to consequences if case law of Constitutional Courts is disapplied by lower courts.
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EU
Fundamental Rights
Protection of Financial Interests
ECA Special Report on Performance-Based Financing in Cohesion Policy
18 January 2022
Dr. Anna Pingen
On 21 October 2021, the European Court of Auditors (ECA) published its Special Report 24/2021: Performance-based financing in Cohesion policy. The 2014-2020 common provisions regulation introduced three instruments giving Member States financial incentives to strive for results and optimise their use of funding: The …
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EU
Protection of Financial Interests
ECA Report on Results of EU Spending Programmes
18 January 2022
Dr. Anna Pingen
On 15 October 2021, the European Court of Auditors (ECA) published its Report on the performance of the EU budget – Status at the end of 2020. In the report, the ECA examined the results achieved by EU spending programmes financed by the EU budget, …
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EU
Protection of Financial Interests
New Tripartite Agreement Allowing the ECA to have More Access to EIB Data
18 January 2022
Dr. Anna Pingen
On 11 November 2021, the European Court of Auditors (ECA), the European Investment Bank (EIB), and the European Commission signed a new tripartite agreement. It replaces an agreement from 2016 that was concluded between these three institutions. The revised tripartite agreement allows the ECA …
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EU
Commission
Protection of Financial Interests
EPPO: Operational Activities – Reports from October-December 2021
18 January 2022
(updated 4 years, 2 months ago)
Thomas Wahl
in Issue
4/2021
This news item summarises the reports by the EPPO on its operational activities in October-December 2021.
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EU
European Public Prosecutor's Office (EPPO)
Protection of Financial Interests
Launch of Operation to Safeguard EU’s Recovery Fund
17 January 2022
Thomas Wahl
On 15 October 2021, the EU and 19 Member States launched a new framework operation code-named “Sentinel” at the headquarters of Europol in The Hague. The operation will target frauds and other criminal activities against the EU’s post-pandemic support under the Recovery and Resilience Facility.
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EU
Protection of Financial Interests
Commission Proposes First Package of New Own Resources
22 December 2021
(updated 2 years, 11 months ago)
Thomas Wahl
in Issue
4/2021
On 22 December 2021, the Commission presented proposals to establish the next generation of own resources for the EU budget. The Commission basically relies on revenues from emissions trading, the global minimum tax for globally active companies and a carbon border adjustment mechanism. After a …
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EU
Protection of Financial Interests
EP: Revision of Financial Regulation Needed
21 December 2021
Thomas Wahl
In a resolution of 24 November 2021, the European Parliament calls for a revision of the EU’s 2018 Financial Regulation applicable to the general budget of the Union. Following the entry into force of the multiannual financial framework (MFF) 2021-2027 and against the background of …
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EU
Protection of Financial Interests
EP Resolution: Digitalisation of the European Reporting, Monitoring and Audit
21 December 2021
Thomas Wahl
On 23 November 2021, the European Parliament (EP) adopted a resolution on the digitalisation of the European reporting, monitoring and audit. The resolution aims at enhancing transparency on the final beneficiaries of EU funds and establishing a harmonised, interoperable tool to protect the Union budget against fraud and irregularities.
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EU
Protection of Financial Interests
EP Sues Commission for Non-Application of the Conditionality Regulation
20 December 2021
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
4/2021
On 29 October 2021, the European Parliament (EP) submitted the action against the European Commission for failure to apply the Regulation on the conditionality mechanism to the CJEU. The action is registered as Case C-657/21.
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EU
Rule of Law
Protection of Financial Interests
Spotlight
AG: Regulation on Conditionality Mechanism Is Legally Sound and Compatible with EU Treaties
20 December 2021
Thomas Wahl
The Advoate General recommend the CJEU to dismiss the actions brought by Hungary and Poland against the EU's conditionality mechanism to protect the Union budget from rule-of-law breaches. The AG sees no violation regarding the chosen legal basis, the circumvention of the Article 7 procedure and the principle of legal certainty.
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EU
Rule of Law
Protection of Financial Interests
CJEU Rules on Guarantees in OLAF’s External Investigations (Case Vialto)
20 December 2021
Thomas Wahl
On 28 October 2021, the CJEU ruled in an appeal judgment (Case C-650/19 P) on the right to be heard in administrative proceedings involving several authorities. The case also raised questions in relation to the way in which OLAF carries out external investigations and, more specifically, the limits of digital forensic operations, as well as the scope of the principle of legitimate expectations.
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EU
OLAF
Protection of Financial Interests
Procedural Safeguards
EU Activated Next Generation Project
11 November 2021
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
3/2021
Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s …
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EU
Fundamental Rights
Protection of Financial Interests
Spotlight
32nd Annual PIF Report
2 November 2021
(updated 4 years, 2 months ago)
Thomas Wahl
in Issue
3/2021
On 20 September 2021, the European Commission released the 32nd annual report on the protection of the EU’s financial interests. It gives an overview of the main developments in 2020 as regards the legislative, practical, and cooperation framework of the EU to fight fraud affecting the EU budget. The report also addresses the irregularities and fraud reported in 2020 and their related risks.
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EU
Protection of Financial Interests
Implementation Report on PIF Directive
28 September 2021
Thomas Wahl
On 6 September 2021, the European Commission published a report that assesses deficits as regards the Member States’ legislation implementing Directive 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”). In general, the Commission concluded that all Member States have transposed the PIF Directive’s main provisions. However, there are outstanding conformity issues.
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EU
Protection of Financial Interests
EPPO Successfully Cooperates with Guardia di Finanza
21 September 2021
Thomas Wahl
On 8 and 17 September 2021, the EPPO reported on two cases in which the Office successfully cooperated with the Guardia di Finanza in Italy.
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EU
European Public Prosecutor's Office (EPPO)
Protection of Financial Interests
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