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Table of Contents: I. The growing importance of EU financial interests. – II. From instrumental to functional. – III. The financialisation of the European rule of law? – IV. The EU financial interests and European integration. – V. The pervasive notion of EU financial interests. – VI. Concluding remarks.
Abstract: The purpose of this Article is to unpack and understand the impact of financial interests on the EU legal system and its fundamental values. Over the last years, the financial interests of the European Union have contributed to the further evolution of the financialisation of legal and political arrangements, fostering the process of European integration and becoming one of its guiding principles. Financial interests condition the European rule of law from the outside, imposing external limits, but while they do not become part of its contents, they strongly influence its external surface. In other words, the paper argues that the financial conditioning is not an internal and characteristic element of the rule of law and does not belong to its genetic heritage. Rather, in conditioning the rule of law from the outside, it marks the perspective from which to read and apply it.
Keywords: EU financial interests – EU value – EU Next generation – rule of law backsliding – OLAF – EPPO.
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European Papers, Vol. 9, 2024, No 3, pp. 1068-1094
ISSN 2499-8249 - doi: 10.15166/2499-8249/800
* Professor of Administrative Law, Luiss University, asandulli@luiss.it.
** Assistant Professor Tenure Track in EU Law, University of Teramo, anato@unite.it.
