How to deal with legal uncertainty: Managing and Audit Authorities in Cohesion Policy

Abstract

Cohesion policy (ERDF, ESF and CF) is implemented in a system of shared management. Signals received from some EU countries indicate that legal uncertainty is created for beneficiaries of cohesion policy funds due to differences in interpretation of, mostly national, regulation. This is a problem because the prospect of legal uncertainty, with the consequence of returning paid subsidies, and the audit burden associated with European funding, may deter organizations from applying for funds. This paper tries to gain a first insight in how this legal uncertainty is created and whether these differences in interpretation are found across the EU. This study focuses on the relationship and communication between the management and audit authorities and the effect of this dialogue on legal certainty and the way audit is carried out under a shared management system. We touch upon the fear of audits, fear because professionals feel they are under constant challenge of being undermined in the future.