Are Payments To and From EU Lawful?
The following letter has just been sent to the president of the European Union’s Court of Auditors;
Vítor Manuel da SILVA CALDEIRA,
president, Court of Auditors,
Luxembourg
Sir,
Unfortunately I was unable to take my place on the Budget Control Committee’s visit to your offices on 9 September, so I am obliged to put the one question I wanted to raise in the form of a letter.
As you are aware, taxpayers money is being used routinely by the Commission for social engineering purposes across the EU. It is also being used to purchase popular support for the EU itself amongst recipient countries by funding infrastructure and other projects likely to generate public awareness and support. Just one example - the 400 million euros funding provided for the generation of electricity in Kosovo.
These are highly political uses of public money, regardless of the supposed beneficiaries.
You may also be aware that taxpayers in net contributor countries - like the UK - object strongly to EU funds being given to other member states whose own tax burden is smaller - sometimes much smaller - and which effectively replaces the lack of local tax revenues.
I have raised in our committee meetings at which you have been present the following question, to which I would now request a considered reply from the Court of Auditors: is there not now an urgent need to clarify the law regarding the legality of payments from public funds?
I make no distinction between payments which are made between member states and the EU, or those between the EU and third-party beneficiaries. Payments to and from statutory organisations which have had their accounts qualified are, in law, ultra vires. Is not, therefore, any paying authority open to the charge of negligence and/or malfeasance in such circumstances?
Neither OLAF nor the European Parliament’s legal services have ever expressed an opinion on this crucial question, at least not in my hearing, despite its having been raised in various contexts in the past.
What is the Court of Auditors’ view, please?
Ashley Mote
PS: I am writing to ask the same question of the British Chancellor of the Exchequer at the Treasury.
To respond to, or comment on this Email, please email ashley.mote@btconnect.com