On the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme for the period 2028 to 2034 and repealing Regulation (EU) 2021/693
BUDG-AD-787672
Committee on Budgets · Rapporteur: Monika Hohlmeier
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The Committee on Budgets gives its budgetary assessment of the proposed Justice programme for 2028 to 2034, which would repeal Regulation (EU) 2021/693.¶¶¶ It says the programme envelope should rise from EUR 798 million in current prices (EUR 707 million in constant prices) to EUR 890 417 000 in current prices and EUR 788 814 000 in 2025 prices.¶ It asks for sub-envelopes for each specific objective, a more detailed budgetary nomenclature set out in an annex, and scrutiny rights for Parliament over the Commission's decisions.¶¶¶ It warns against financing not linked to costs as the default approach and against the Commission's discretion to shift spending, and calls for safeguards, auditability and reporting to Parliament.¶¶ It wants external assigned revenue to be clearly limited and traceable, and funding for judicial independence, anti-corruption, access to justice and vulnerable persons to stay identifiable.¶¶ It calls for a comprehensive ex ante screening in award procedures and for the Commission to explore ways to keep final beneficiaries funded when national governments breach the rule of law.¶¶
Committee position. The Committee on Budgets recommends that the lead committees amend the proposal to raise the envelope, add sub-envelopes for each specific objective, include an annex defining the budgetary nomenclature, and grant Parliament scrutiny rights over the Commission's decisions.¶¶¶
Key points
- The Committee on Budgets carried out a budgetary assessment of the proposed Justice programme for 2028 to 2034 under Rule 58 of the Rules of Procedure.¶
- The programme aims at an efficient, inclusive, resilient and digitalised EU area of justice based on the rule of law, mutual recognition and mutual trust, without prejudice to member state competences.¶
- It supports judicial independence, access to justice, judicial training, cross-border cooperation, legal harmonisation, fundamental rights, digitalisation of justice and the fight against online crime and hate speech.¶
- The 2021-2027 regulation broke the budget down by specific objective with a defined percentage each and a 10 % flexibility margin; the proposal has only one operational budget line for the same three objectives.¶¶
- The committee considers the envelope should be increased to EUR 890 417 000 in current prices and EUR 788 814 000 in 2025 prices, with sufficient human, technical and IT resources from the outset.¶¶
- It deplores the lack of a detailed budget breakdown and recommends sub-envelopes for all specific objectives in the basic act.¶
- It deplores financing not linked to costs as the default approach, warns of risks to auditability, and says grants may use lump sums, unit costs and flat rates under Article 125 of the Financial Regulation.¶
- It deplores the aggregated budgetary nomenclature in the Legislative Financial and Digital Statement and recommends a more detailed nomenclature, with the programme as a chapter and each objective as an article or budget item, in an annex.¶¶
- It insists on detailed legislation and governance, says the steering mechanism cannot replace Parliament's legislative and budgetary powers, and wants non-essential policy choices adopted through delegated acts.¶¶
- It calls for Parliament to have scrutiny rights over the Commission's decisions and regrets the absence of obligatory Commission reporting on funds used per objective and types of actions funded.¶¶
- It stresses that complementarity with other programmes must not harm expenditure traceability, that the Justice programme's contribution to jointly financed operations must be identifiable, and that external assigned revenue must be circumscribed, transparent and scrutinised.¶¶
- It calls for a comprehensive ex ante screening in award procedures, exclusion of persons guilty of offences such as fraud, corruption or trafficking under Articles 137, 138 and 158 of the Financial Regulation, and robust control and audit frameworks against fraud.¶¶
Who is affected
- The Commission, which would gain latitude to shift spending priorities and transfer resources without a budgetary authority decision.¶¶
- The budgetary authority, which would gain sub-envelopes, a detailed nomenclature and scrutiny rights over spending.¶¶
- Member states, whose competences in judicial matters and compliance with the Charter of Fundamental Rights are addressed.¶¶
- Final beneficiaries and recipients, who should keep access to EU funding when national governments breach the rule of law.¶
- Third parties, including the private sector, whose contributions must respect independence, impartiality and conflict-of-interest rules.¶
Figures and deadlines
- EUR 798 million in current prices, the programme envelope in the proposal.¶
- EUR 707 million in constant prices, the programme envelope in the proposal.
- EUR 890 417 000 in current prices, the envelope the committee considers necessary.
- EUR 788 814 000 in 2025 prices, the envelope the committee considers necessary.
- 10 % of the overall financial envelope, the flexibility margin under the 2021-2027 regulation.¶
- 2028-2034, the programming period of the proposed Justice programme.¶¶