The European Court of Auditors (ECA) has already voiced several criticisms of the European Commission's proposed regulation, presented on 2 May, aiming to create a link between the rule of law and European funds (see EUROPE 12013).
In a press release published on Tuesday 17 July, the Court first of all welcomes the general approach and the idea of linking European financing to compliance with the rule of law. However, it considers that there should be better criteria and more guarantees. It advises the Commission to set out the criteria, procedure and scope of the measures.
The rule of law 'deficiencies' set out in the text include: - jeopardising the independence of the judicial powers; - failing to prevent, correct and sanction arbitrary or illegal decisions on the part of the public authorities- limiting the availability and effectiveness of means of redress; - limiting the effectiveness of investigations, proceedings and sanctions concerning violations of the law.
According to the Court, the proposal on the table does not clearly indicate the reference sources available to be used by the Commission to carry out its evaluations. Clearer indications would help to reinforce the transparency, traceability and controllability of the proposed mechanism, it adds.
The proposal provides for the Commission to act in line with the principle of proportionality. However, no specific criterion has been set out regarding the determining decisions, such as the start of the procedure or the determination of the extent of the measures. This does not allow for a consistent application of the provisions, the Court notes.
The Court recommends that the legislators: - “set clear and specific criteria for defining what constitutes a generalised deficiency as regards the rule of law and for determining the extent of measures”; - “specify the basis for setting time limits for member states as well as introduce similar deadlines for the Commission, wherever appropriate”; - “demonstrate how the legitimate interests of final beneficiaries will be safeguarded (…)”; - “assess the possible budgetary implications of a reduction in EU funding for the national budget when deciding which measures to propose”.
The provisions relating to the European Public Prosecutor's Office should also be clarified, in the view of the Court.
The Council of the EU will start work on the matter of the link between respect for the rule of law and the award of European funds on 23 July. (Original version in French by Solenn Paulic)