Brussels, 21/05/2014 (Agence Europe) - The European ombudsman is scratching beneath the veneer of cohesion policy. Emily O'Reilly has opened an investigation into respect for fundamental rights in the EU's regional policy.
Letter to Barroso. On Monday 19 May, the president of the European Commission, José Manuel Barroso, received a letter from the European ombudsman asking him about what resources his institution had for ensuring that the fundamental rights established in the European Charter are respected at all stages of the cohesion policy implementation process by member states. O'Reilly highlighted an increasing number of complaints from European citizens over recent years, who have been dissatisfied with the way in which cohesion policy has been applied by member states. She criticised the fact that “if, for example, there are complaints that EU money is used to 'institutionalise' persons with disabilities instead of helping to integrate them, the Commission clearly needs to ensure the matter is investigated and corrective action taken if needed”. She added that “it is key for the credibility of the European Union that, wherever EU money is spent, fundamental rights are respected. In many cases, these funds are supposed to help the most vulnerable members of society”. More than €350 billion has been earmarked for structural funds and investment for the 2014-2020 period.
Delegated acts. The ombudsman specifically pointed out that the Delegated Regulation, makes no reference to the general applicability of the Charter of Fundamental Rights to the implementation of cohesion policy both at national and EU levels. Moreover, she also points out that nothing in the new regulations for 2014-20 appears to allow for any sort of sanctions against member states that fail to comply with fundamental rights in this context.
EC's response. In her reply to EUROPE, the spokeswoman for European Commissioner for Regional Development Johannes Hahn affirmed that the European Commission was taking the ombudsman's investigation very seriously and that it had already begun to respond to the ten or so points that had been raised (responses are expected for 30 September). The commissioner's spokeswoman, Shirin Wheeler, pointed out that respect for fundamental rights was a key priority for the European Commission and a precondition for the release of structural and investment funds for 2014-2020. She also stated that the reform in question had strengthened this principle, with an explicit reference to the application of these rights (Article 6 but without mentioning the Charter) in all operations, as well as respect for transparency and non-discrimination by the authorities during the selection process. Funds can be suspended or recovered by the Commission, if it transpires that this has not been the case. (MD)