PROBLEMS ENCOUNTERED BY THE BENEFICIARIES OF STRUCTURAL FUNDS IN THE RELATIONSHIP WITH THE INTERMEDIARY ORGANISMS OF THE POSCCE AND POSDRU PROGRAMS
Keywords:
Structural funds, intermediary organisms, the “Economical Increase of Competitiveness” Operational Sectorial Program (POSCCE), the “Human Resources Development” Operational Sectorial Program (POSDRU), financial corrections.Abstract
The paper proposes to present the practical problems encountered by the beneficiaries of the POSCCE and POSDRU programs in the relationship with the national intermediary organisms (IO), such as: - lack of cooperation and support in the project implementation; - huge delays (1-2 years from the registration date) in paying the requests for reimbursement, even if the IO have a 45 days contract payment term, so that the beneficiaries end up in financial blockage; - the late checking of requests for reimbursement (almost 1-2 years from the registration date), so that the small errors can no longer be corrected, since different financial years have already passed; - impossibly short terms for answering the requests for clarifications regarding the requests for reimbursement (e.g.: 24 h term for an answer in writing to arrive from Iaşi to Cluj); - the impossibility of contacting them, only by written official letter delivered personally and registered in Bucharest; - the IO’s do not travel in the province and request in writing or scanned a huge volume of documents to be delivered at their headquarters; - control personnel lacking in managing structural funds experience; - lack of legislation knowledge, retroactive application of the legislation when issuing financial correction minutes; - carelessness in deciding financial corrections, without studying in detail the case and without weighing the consequences; - general non-acceptance of the beneficiaries’ administrative appeals, so that the only solution is the application of summons regarding the annulment of the administrative act at the administrative section of the Appellate Court, that takes 1-2 years (in the meantime the private beneficiaries become insolvent); - lack of seriousness of the IO directors, that are more preoccupied in maintaining their positions instead of admitting that they have made a judgement mistake; - verbal recognition of error in issuing a groundless financial correction minutes, but with the excuse “sue us and you will win”References
European Union Court of Justice application for summons guide, (2013), edited by S.C. Act Communication Team S.R.L.
Instruction no. 76/12.08.2013 of the Human Resources Development Operational Sectorial Program Management Authority regarding the debt recuperation correspondent to a project by way of deducting it from other POSDRU projects of the same beneficiary;
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Directive 2004/18/CE/31.03.2004 regarding the coordination of the assignment procedures for works, goods and services public acquisition contracts, in the European Union Official Journal no. 0/1.07.2007, with the subsequent modifications;
Government Ordinance no. 79/28.08.2003 regading the control and the recovery of the Community funds and the correspondent cofinancing funds inadequately used, in the Romanian Official Monitor no. 622/30.08.2003, with the subsequent modifications;
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Civil Decision no. 642/11.02.2013, Bucharest Court of Appeal, the VIIIth Administrative and fiscal litigations Section;
Civil Sentence no. 4709/21.11.2012, Bucharest Tribunal, the IXth Administrative and fiscal litigations Section.
