Unele considerații privind răspunderea în utilizarea fondurilor europene
Some Considerations on Accountability in the Use of European Funds

Summary/Abstract: Romania as a member state of the European Union, has assumed the respect and implementation at national level of all European regulations. According to the Financial Regulation 2018/1046, the Romanian state has a shared management with the Commission in the management of the European funds allocated to it. Under shared management, the Romanian State has obligations in relation to the sound management of European funds. Given the need to adopt support measures to ensure sound financial management of European funds, both by beneficiaries and by the authorities competent for the management of European funds, by introducing measures to prevent irregularities in the management of European funds (in particular those concerning conflicts of interest), in the absence of which – in the context of the ongoing project selection process – there is a permanent risk of financing projects/contracts whose consideration cannot be requested/reimbursed by the European Commission, the Government adopted Government Emergency Order No 66/2011 on the prevention, detection and sanctioning of irregularities arising in the acquisition and use of European funds and/or the related national public funds. Government Emergency Order No 66/2011 was amended by Government Emergency Order No 97/2022, approved with amendments by Law No 265/2023, in order to transpose into national law the provisions of Article 61 of Financial Regulation 2018/1046 on conflict of interest. The late transposition into Romanian legislation of the above-mentioned regulatory provisions has resulted in situations that may lead to the application of financial corrections by the European Commission. In the context of the increased interest at European level on the conflict of interest and the interpretations and guidelines given by the Commission regarding the conflict of interest, the new regulation of the conflict of interest in Chapter II, Section 2 of Government Emergency Ordinance no. 66/2011 will generate intense debates in the specialised doctrine and may generate non-unitary practices within the Romanian managing authorities.

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