Regimul de condiționalitate pentru protejarea bugetului Uniunii Europene: între dialog și monolog instituțional
The conditionality regime for protecting the European Union budget: between dialogue and institutional monologue

Summary/Abstract: The present study is based on the dynamics of implementation of the Regulation on the general conditionality regime for the protection of the Union budget. The study approaches a relatively new normative instrument, which is why the working technique of the paper is similar to geographical explorations. Thus, at methodological level, through a normative analysis we propose to identify the hypotheses that determine the activation of the conditionality regime and how they are correlated with the principles that transpose the desideratum of rule of law. The first part of the study is a process of mapping the national and European procedures, engaged in the context of the protection of the financial interests of the European Union, with the precise reflection of the systemic vulnerabilities that could present risks for the legal values related to the rule of law. This correspondence read in terms of conditionality reveals a workbook involving different value spectrums: European, statal and personal, in relation to the recipient of the public resource. The second part of the study is dedicated to the procedural aspects, which can be interrogated in a dialectical register, both in relation to the role played by the European institutions and to the complementarity with other procedures that tend to the same result, namely the protection of the financial interests of the European Union. Despite the self-assigned subsidiary character of the Regulation, the complexity of the procedures, the pronounced level of formalism, the imperative terms and the consequences of conditionality attest to the perspective of the European legislator regarding the interdependence between the values subsumed to the rule of law and the protection of the Union budget.

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