Temporal Enforcement of the Romanian Legislation with Regard to Finding and Correcting the Irregularities Committed in the Process of Obtaining and of Using the European Funds, in the Context of the Direct Effect of the European Union Law
"The Law" Magazine, No. 8, 2015
Posted: 9 Sep 2015 Last revised: 25 Sep 2015
Date Written: August 18, 2015
The study looks at the way the national Romanian legislation regarding the use and management of the EU Structural Funds is to be applied in, when the two successive national laws (Government Ordinance no. 79/2003 and Government Emergency Ordinance no. 66/2011) are in conflict.
Mainly, the study points out that the national courts and the public administration have to respect the supremacy of the European Law and to apply it with priority, especially the principle of proportionality in the process of applying the financial corrections and the others corrective measures to those economic operators, beneficiaries of the funds, which are found guilty of irregularities.
Therewith, the study argues why the financial corrections are administrative measures and therefore the principle of the retroactive application of the more lenient penalty is not applicable.
Keywords: European funds, irregularities and financial corrections
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