Nedzhmi Ali on the protection of the Union´s budget in case of generalised deficiencies as regards the rule of law in the Member states

N. Ali Rule of law - Родопи

This statement was presented at the Plenary session of the European parliament in Strasbourg on 16.01.2019 in the presence of Günther Oettinger, EU Commissioner for Budget & Human Resources.

Thank you Mr. Chair.   Dear Commissioner Oettinger, colleagues,

In order to protect the Union’s budget and financial interests for the next MFF we need a new regulation that is not a sanctioning mechanism but rather a tool to ensure sound financial management.

The regulation includes under the term “rule of law” all the Union values enshrined in Article 2 of the Treaty of functioning of EU and in the Copenhagen criteria for Union membership, including fundamental rights. A generalised deficiency as regards the rule of law may affect the principles of sound financial management or the protection of the financial interests of the Union.

The Commission should establish an Advisory panel of independent experts which would undertake an independent annual assessment of the rule of law situation in all Member States. Commission, when making its decisions, should take into account the relevant Panel´s opinion.

In order to strengthen the protection of final recipients or beneficiaries, in the regulation are proposed additional measures. The Commission shall also ensure that any amount due by government entities or Member States is paid to the beneficiaries.

A positive characteristic of the regulation is that the Parliament is put on an equal footing with the Council in the process of adopting or lifting the respective measures. Commission submits a proposal to the Parliament and the Council, to transfer to a budgetary reserve the respective amounts, which would enter into force only if both institutions do not reject it. 

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