POSSIBILITY OF ABUSE OR PROTECTION OF EU FINANCIAL INTERESTS IN SLOVENIA

Abstract

The protection of the European Union's financial interests has recently been one of the main priorities in the Republic of Slovenia. Their abuse, committed with a special form of intent and a motive for acquiring illegal material gain, constitutes a criminal act. Therefore, in Slovenia the criminal act of Fraud to the detriment of the European Community was first criminalized in 2008 by the Criminal Code (hereinafter CC), and after 2012, Fraud affecting the financial interests of the European Communities. In order to combat the latter, interinstitutional cooperation is crucial at international and national level, hence European Anti-Fraud Office, Anti-fraud coordination service, the Office of the Republic of Slovenia for Budgetary Control, Government Office for European Cohesion Policy, and the newly established European Public Prosecutor's Office prosecuting perpetrators of crimes against the abuse of the European Union budget. Adoption and implementation of the Lisbon Treaty, which establishes even stronger transnational connection between the member states, provides additional measures that might take effect in previously described theme. According to the Lisbon Treaty, legal regulation in the field of Criminal Law will be enabled through Regulatives and Directives, which will lead to easier unification of the Law in this area. In addition, the European Public Prosecutor, whose primary task is to shield common financial interests, is established through the Lisbon Treaty Adoption. International standards are increasingly emphasizing the role of the Office for the Prevention of Money Laundering as an intelligence unit, which means that in future the Office will increasingly specialize in data collection and provide the competent institutions with access to it. Some provisions in this regard are already contained in the new Prevention of Money Laundering and Terrorist Financing Act, allowing courts, prosecutors, police and Financial Administration access certain data collected by the Office, and also providing the Office with access to financial data in cases when asset status is determined. Since becoming a member of the European Union, Slovenia is entitled to European cohesion policy funds, which creates a necessity to ensure respect for principles such as legality, transparency and economy in the use of these funds. Keywords: legislation, statistics, authorities, European cohesion policy