Механізм умовності як інструмент захисту фінансових інтересів Європейського Союзу: аналіз ефективності та потенційних ризиків

The article explores the conditionality mechanism introduced as an instrument for protecting the financial interests of the European Union, aiming to strengthen the accountability of Member States in upholding democratic values and ensuring the effective management of EU budgetary funds. Particular attention is given to the provisions of Regulation (EU) 2020/2092 of the European Parliament and the Council, which establishes a clear and direct link between the disbursement of EU funding and compliance with the rule of law in Member States. The Regulation introduces a mechanism for suspending or limiting payments in cases of systemic breaches that threaten the proper use of EU resources. The paper provides a comprehensive examination of the legal foundations of the conditionality mechanism, including its institutional structure, decision-making procedures, and the criteria for identifying breaches. It analyzes the primary objectives of the instrument, such as strengthening legal certainty, preventing misuse of funds, and ensuring financial discipline at all levels of budgetary governance within the EU. It is noted that the effectiveness of the mechanism largely depends on the political will of both EU institutions and national governments. Special attention is given to the potential risks associated with the practical application of conditionality. In particular, the paper addresses the danger of politicizing decisions on the suspension of payments, which may lead to tensions between EU institutions and individual Member States. It identifies key challenges related to the need for procedural safeguards, transparency, and predictability in decision-making regarding the imposition of sanctions. The role of the European Commission as the central supervisory and initiating body under the Regulation is also examined, along with the possible consequences for Member States that systematically violate fundamental principles of the rule of law, such as judicial independence, effective anti-corruption measures, and non-discriminatory access to justice. Thus, the study contributes to a comprehensive understanding of the interplay between conditionality, national sovereignty, and the EU’s commitment to preserving its legal and financial integrity while ensuring adherence to common values and accountability in the use of shared resources.