Shared Management between the European Commission and Romania on the Implementation of European Structural and Investment Funds
The European Commission (EC) and Romania ensure a shared management of European funds and the principles governing the current financial framework are those of sound financial management. For each operational program, European regulations make mandatory the existence of the following authorities: the management body (MA), the certifying body (CA) and the audit institution (AA), which must operate independently of each other. Each Member State has the freedom to create its own institutional framework, if the three authorities mentioned in the European regulations are clearly defined and delineated.
The present article aims to present whether the management and control system (MCS) implemented at the Romanian level is too bureaucratic if too many authorities have been created on the European Commission's cash flow. At the same time, some of the main causes will be identified, which may lead to a lack of beneficiaries' interest in accessing the funds allocated to certain programs. Some of these cases originate from the 2007-2013 programming period where Romania was sanctioned by the European Commission with many financial corrections due to systemic irregularities identified in the process of public procurement procedure, the evaluation and selection process projects. At the same time, the lack of funding due to the failure to complete some projects in time in December 2015 will be considered, as it is compulsory to ensure the necessary public and private financial resources from the own local budgets or from the state budget in order to be able to be finished.
Council Regulation (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
Council Regulation (EC, EURATOM) No.1605/2002 on the Financial Regulation applicable to the general budget of the European Communities
Council Regulation (EC) 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
Emergency Ordinance no. 40/2015 on the financial management of European funds for the 2014-2020 programming period
Government Decision no. 34/2009 on the organization and functioning of the Ministry of Public Finance
Government Decision no. 634/2015 on the organization and operation of the National Agency for Public Procurement
Government Decision no. 15/2017 on the organization and functioning of the Ministry of Regional Development of Public Administration and European Funds
Government 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
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
Romania Partnership Agreement 2014RO16M8PA001.1.2 - http://www.fonduri-ue.ro
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