Home / The University / Faculties / Faculty of Economics and Business Administration / News / Assoc. prof. Savina Mihaylova-Goleminova will attend the Italian Society for Research in Comparative Law VII National Conference “Who Resists Globalisation? Globalism, regionalism, nationalism in 21st century law”

   

30.09.2022

 

Assoc. prof. Savina Mihaylova-Goleminova, lecturer in Financial and Tax Law in the Faculty of Economics and Business Administration and director of the master’s program “Economics&Management of Public Resources” at the Faculty, will attend the Italian Society for Research in Comparative Law VII National Conference “Who Resists Globalisation? Globalism, regionalism, nationalism in 21st century law”.

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The conference will be held at the University of Bologna on 13-15th October 2022. The title of her contribution is “Shared Management of European Union Funds and the Rule of Law”. This topic is very hot, because the New Programming Period has just started (2021-2027) and the new means for protection of financial interests of the EU budget have been introduced recently following the political will of old Member State for protection of the main values of the EU, including the main one the Rule of Law.

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The Commission shall implement the budget of the European Union in any of the following ways: directly (direct management) in accordance with Articles 125 to 153, through its departments, including its staff in Union delegations under the authority of the Head of Delegation concerned, in accordance with Article 60 (2), or through the executive agencies referred to in Article 69; through shared management with the Member States (shared management) in accordance with Articles 63 and 125-129; indirect (indirect management) pursuant to Articles 125 to 149 and Articles 154 to 159, where provided for in the basic act or in the cases referred to in Article 58 (2) (a) to (d).

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Furthermore, Financial Regulation Article 62 (Methods of implementation of the EU budget), in connection with Art. 5 (Measures for the protection of the Union budget) of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a common regime for the protection of the Union budget. In addition, Financial Regulation stipulates that Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of: grants; financial instruments; or prizes or a combination thereof ("Forms of support from Member States" (Article 52). The Rule of Law are the backbone of any modern constitutional democracy.

This is one of the basic principles stemming from the common constitutional traditions of all EU Member States and, as such, one of the fundamental values on which the Union is founded. Currently, Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget lays down the rules necessary for the protection of the Union budget in the event of breaches of the Rule of Law in the Member States. It shall apply where other procedures provided for in Union law do not allow for more effective protection.

The report shall examine what is the main goal and mechanism for implementation of the Regulation (EU, Euratom) 2020/2092 in the field of protection of financial interests of the EU and its connection and interaction with the common constitutional traditions and national identities of a Member State, including the current trends in Hungary, Poland, Bulgaria in this field. The practice of ECJ shall be examined, especially the cases of Hungary and Poland where the court rejects complaints against linking budget expenditures to the rule of law.