Regulation 2020/2092 - General regime of conditionality for the protection of the Union budget - Main contents
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official title
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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/2092 |
| Original proposal | COM(2018)324  |
| CELEX number i | 32020R2092 |
| Document | 16-12-2020; Date of signature |
|---|---|
| Publication in Official Journal | 22-12-2020; OJ L 433I , 22.12.2020, p. 1–10 |
| Signature | 16-12-2020 |
| Effect | 01-01-2021; Application See Art 10 11-01-2021; Entry into force Date pub. +20 See Art 10 |
| Deadline | 12-01-2024; See Art 9 |
| End of validity | 31-12-9999 |
22.12.2020 |
EN |
Official Journal of the European Union |
LI 433/1 |
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 322(1) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Court of Auditors (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, enshrined in Article 2 of the Treaty on European Union (TEU). As recalled by Article 2 TEU, those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. |
(2) |
In its conclusions of 21 July 2020, the European Council stated that the financial interests of the Union are to be protected in accordance with the general principles embedded in the Treaties, in particular the values set out in Article 2 TEU. It also underlined the importance of the protection of the financial interests of the Union and the importance of respect for the rule of law. |
(3) |
The rule of law requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and the respect for fundamental rights as stipulated in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and other applicable instruments, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality (3) implying a transparent, accountabledemocratic and pluralistic law-making process; legal certainty (4); prohibition of arbitrariness of the executive powers (5); effective judicial protection, including access to justice, by independent and impartial courts (6); and separation of powers, (7) be respected (8). |
(4) |
The accession criteria established by the Copenhagen European Council in 1993 and strengthened by the Madrid European Council in 1995 are the essential conditions that a candidate country has to satisfy to become a Member State of the Union. Those criteria are now enshrined in Article 49 TEU. |
(5) |
Once a candidate country becomes a Member State, it joins a legal structure that is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the Union that implements them will be respected. (9) The laws and practices of Member States should continue to comply with the common values on which the Union is founded. |
(6) |
While there is no hierarchy among Union values, respect for the rule of law is essential for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights. There can be no democracy and respect for fundamental rights without respect for the rule of law and vice... |
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