Audit of European Structural and Investment Funds, a Component of the Management and Control System
Abstract
The European Commission (EC) has established through European regulations that at each Member State an independent body, generically called the Audit Authority (AA), who will ensure the external public audit function for each operational program financed by the European grants. Each Member State was free to set up its audit authority, subject to the above-mentioned conditions.
The Romanian Audit Authority was set up at the level of the Romanian Court of Accounts, being established by national law as a body without juridical personality, operationally independent from the rest of the public audit activity. This audit body performs the external audit function for all operational programs financed by the European grants.
The present article aims to present the Romanian Audit Authority, its institutional and organizational capacity to fulfil the legal requirements of the European legislation and the extent to which its results can provide a reasonable assurance to the European Commission that the management and control system (MCS) functions in way to prevent, detect and correct deficiencies and financial sanctions. One of the challenges of the audit is whether its recommendations can prevent malfunctions in the MCS, and in the event of irregularities, the managing authority (MA) and the certifying authority (CA) can correct them in time before the European Commission is declared expenditure. It will also present the procedure established by the legal framework on how audit recommendations are implemented by the other entities within the management and control system.
Although it is part of the Court of Auditors, the Audit Authority has its own working procedures, which must reflect the requirements of European regulations and guidelines, and the results of its verifications are communicated to the European Institutions. The manner in which the EC uses the audit reports will also be the subject of this article.
References
Code of Ethics and Professional Conduct of the Romanian Court of Accounts- http://www.curteadeconturi.ro/Regulamente/CODUL_2014.pdf
Council Regulation (EC) (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999
Decision no. 398/2015 establishing the institutional framework for the coordination and management of European structural and investment funds and ensuring the continuity of the institutional framework for the coordination and management of structural instruments 2007-2013
Emergency Ordinance no. 40/2015 on the financial management of European funds for the 2014-2020 programming period
Government Decision no. 15/2017 on the organization and functioning of MDRAPFE, the Ministry of Regional Development of Public Administration and European Funds
Government Decision no. 34/2009 on the organization and functioning of the Ministry of Public Finance
Government Decision 634/2015 on the organization and operation of the National Agency for Public Procurement
Government Emergency Ordinance no. 66/2011 on the prevention, detection and sanctioning of the irregularities in obtaining and using the European funds and/ or the national public funds related thereto, as subsequently amended and supplemented
Law no. 94/1992 on the organization and functioning of the Court of Accounts of Romania
National Strategic Reference Framework 2007 - 2013- http://www.fonduri-ue.ro
Organization chart of the Audit Authority of the Court of Accounts - http://www.curteadeconturi.ro/AA/RO_ORGANIGRAMA_AA.pdf
Regulation on the organization and conduct of the specific activities of the Court of Accounts, as well as the valorisation of the acts resulting from these activities - http://www.curteadeconturi.ro/Regulamente/Hotarare_nr_155_2014_Curtea_de_Conturi.pdf
Regulation (EC, Euratom) 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities
Regulation (EU) No. No 1303/2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Fund regional development, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Regulation (EC) No. Council Regulation 1083/2006
Romania Partnership Agreement 2014RO16M8PA001.1.2 - http://www.fonduri-ue.ro
Statute of the external public auditor of the Romanian Court of Accounts - http://www.curteadeconturi.ro/Regulamente/STATUTUL_2014.pdf
TFEU (Treaty on the Functioning of the European Union)
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