Brief history of the evolution issue of protection of financial interests of the European Union

• Author: Genica Totolici
• Position: Legal Adviser
• Pages: 218-224

218

BRIEF HISTORY OF THE EVOLUTION ISSUE OF

PROTECTION OF FINANCIAL INTERESTS OF THE EUROPEAN

UNION

Legal Adviser Genica Totolici

Abstract:

Protecting the financial interests of the European Communities has been a

priority for governments and parliaments of the member states since the early

1960s. On August 10, 1976 the Commission submitted a proposal for amending the

Treaties establishing the European Communities (TEC) to allow the adoption of

common rules on penal protection of the financial interests of the European

Communities and tracking and prosecuting violations of these provisions. This

proposal has provoked numerous discussions in the '80s.

Thus, in 1983, a committee from the structure of the European Communities

Council prepared a draft treaty on the criminal protection of financial interests of

these communities. But a common position could not be adopted, due to the

objection that criminal law does not fall within the competence of European

Communities. The activities of the Committee ended due to numerous opinion

disputes. It was indeed premature to raise the issue of criminal protection of

certain social values, at Community level, in the conditions in which, at that time,

not even the Shengen Agreement on the free movement of people had been

approved.

Key words: financial, European Union, criminal law, Shengen.

Protecting the financial interests of the European Communities has been a

priority for governments and parliaments of the member states since the early

1960s. On August 10, 1976 the Commission submitted a proposal for amending the

Treaties establishing the European Communities (TEC) to allow the adoption of

common rules on penal protection of the financial interests of the European

Communities and tracking and prosecuting violations of these provisions343. This

proposal has provoked numerous discussions in the '80s.

Thus, in 1983, a committee from the structure of the European

Communities Council prepared a draft treaty on the criminal protection of financial

interests of these communities344. But a common position could not be adopted,

due to the objection that criminal law does not fall within the competence of

European Communities. The activities of the Committee ended due to numerous

opinion disputes. It was indeed premature to raise the issue of criminal protection

343 No joce, C222 of 22.09.1976, p. 2.

344 Dyonisios D. Spinellis, Ten years of efforts for an effective protection of the financial interests of

the European Union, in no agon. 25, Dec. 1999, p. 16.