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CORRUPTION AND FRAUD IN THE EUROPEAN UNION

MAY 1999
Labour Euro-Safeguards Campaign

Why is corruption and fraud so rampant in the European Union?
Corruption and fraud are much more prevalent across the EU than they are in Britain for three main reasons. First, despite some mostly well publicised failings, the standards of probity and honesty in pub]ic affairs are much higher here than they are in many other West European countries. Second, the administrative and financial arrangements in the EU lend themselves to misappropriation and misuse. Beneath all the communautaire camouflage, competition for resources is still largely a national contest. Many national governments are therefore unenthusiastic about rooting out malpractices, at the expense of other Member States. Third, the structure of the EU is bureaucratic rather than democratic, providing the electorate with little control over those practising corruption and fraud, and almost no capacity to get rid of them, and to replace them with more honest and capable people.

How much of the EU Budget goes missing every year?
The scale on which the EU budget is misused is hard to credit. Apart from the fact that about half the EU budget is spent on the Common Agricultural Policy - itself a deeply irrational and wasteful use of resources - on a straight accounting basis, staggering sums are not spent as intended. About 5% of the entire EU budget is lost to various forms of fraud - from non-existent tobacco farms to imaginary decontamination plans to help deal with Chernobyl - while another 5% or so is misappropriated, and not spent on the programmes for which it was designated. The 10% of the EU budget which the European Court of Auditors accepts is misspent amounts to about UKP 5bn every year.

Why has this been allowed to happen?
The reason why EU standards of administration and probity are so poor is that traditions of honest and transparent government have never been established among the Union's institutions. This was shown most clearly in the recent report on the probity and efficiency of individual members of the Commission, following scandals of nepotism, favouritism, extravagance and bad management which proved too much for even hardened eurocrats. The final sentences of the report on the behaviour of Commissioners - an internal EU document, making its conclusions even more damning - read as follows: "It is becoming difficult to find anyone who has even the slightest sense of responsibility. However, that sense of responsibility is essential .... The temptation to deprive the concept of responsibility of all substance is a dangerous one. That concept is the ultimate manifestation of democracy."

What has been the role of the Commission?
The recent resignation of the whole of the Commission came about because the standards which they had set to the EU administration for which they were responsible were so poor that in the end they were forced to take collective responsibility for their deficiencies. This only happened, however, after details of the scale of their maladministration had been leaked by an EU official, Paul Van Buitenen, making it impossible for them to continue in office. Nevertheless, all the Commissioners are likely to remain in post until mid summer, and Jacques Santer, the retiring President, has put himself forward for election to the European Parliament, heading the Luxembourg Christian Democrat list! The Commissioners ought to have been setting high standards for their subordinates. Instead, they have been exposed as behaving themselves in ways which almost beggar belief. Where - anywhere in public administration Britain - would it be regarded as acceptable to appoint your dentist to a senior position without any proper recruitment procedure being undertaken, or to select your brother in law to work in your Private Office?

What about other EU Anti-Fraud Organisations?
The Commission has under its control a number of organisations which are supposed to be responsible for combatting fraud within the EU administration. Their record, however, is also atrocious. An EU Special Report on the main one, UCLAF, was so critical that it recommended that it should be wound up. Principal criticisms were that its IT system was "relatively undeveloped"; it had "no standard system under which proceedings were opened, pursued and concluded"; the filing system was so chaotic that it "failed to meet the minimum requirements for criminal evidence"; systematic vetting of staff had "only just begun", leaving the organisation with a " security problem"; the figures it produced on fraud were "incomplete and misleading"; and the Court of Auditors refers to cases where documents were "withheld or destroyed".

Why have the Council of Ministers and the Governments of the Member States done so little about such problems?
A substantial part of the problem is that regrettably the standards of probity among the governments and senior administrators in a number of Member States are similar to those exhibited by the Commission. This puts them in a weak position to criticise maladministration in Brussels. As a result a version of Gresham's Law operates. Everyone tends to sink to the level of the most corrupt and incompetent. Our own government expressed outrage at the fact that disgraced Commissioners were to receive large severance payments. Such objections were ignored, and large pay outs were made. Do those who believe that Britain should be more and more closely integrated with the EU really understand that this process is likely to entail the substitution of the lowest EU standards of probity and efficiency for those built up here over centuries?

What has been the Role of the European Parliament?
It was a resolution passed by the European Parliament which triggered the resignation of the Commissioners, but before too much credit is given for this, the EP's record should be studied carefully. The fact is that the EP has tolerated and accepted standards of inefficiency and corruption for years which it should never have allowed. It has accepted flawed accounts. It has agreed budgets which it knew were never going to be carried out. It has failed to pass votes of censure in the past, when it could and should have done. Again, much of the reason for this is that its own systems of administration and control are no better than those of the Commission. Members of the European Parliament are not in a good position to criticise extravagance and lax administration when each MEP costs UKP 1m a year, and when systems for the control of personal expenses, monitoring that they are all paid out for costs necessarily and actually incurred, are non-existent.

Why has the EU Court of Auditors been so ineffective?
One of the more disgraceful aspects of EU administration is that not only are there large sums of money in EU budgets which cannot be properly accounted for, but also the auditing and signing off of EU accounts often runs years in arrears, as a result of lax accounting systems, some of them riddled with fraud. Everyone with any administrative experience knows that it is impossible to run any organisation efficiently without accurate up to date accounts. The problem with the EU Court of Auditors is the same as applies in so much of the rest of the EU. Those able and willing to set high standards have been dragged down by the much more easy going attitudes of others, pushing the performance of the whole organisation down to the lowest common denominator. This is why the Court of Auditors, itself, incidentally a byword for extravagance - its parties having the reputation for being the best in Brussels - has not been up to the job.

What can be done to change the culture regarding corruption in the European Union?
No doubt the resignation of all the Commissioners, even with the re- appointment of some of them, will lead to improvements in standards of efficiency and probity, at least for the time being. Procedures will be tightened up, and those in charge will be rather more careful than they have been in the past about allowing flagrant abuses to occur. Whether the whole culture will change, however, seems much more doubtful. It takes a long time for traditions of probity and efficiency to develop, and to be genuinely accepted as the right way to behave. It seems much more likely that, after a few months, have gone by, it will be back to business as usual in the EU administration. There simply does not appear to be a majority of Member States, and people involved in running the EU, with the determination to stop this happening.

What are the wider lessons to be learnt?
The general lessons to be learnt from the recent corruption scandals in the EU are not new ones. Perhaps the most obvious is that any organisation with wide powers, whose membership consists of a self selecting oligarchy, will always tend to become increasingly self serving. This certainly happened in the case of the Commission. The real problem with the EU, however, is that there is no countervailing authority to stop this occurring. The true bulwark against corruption is democracy - the power to vote out of office those who feather their own nests. In the EU, despite some democratic forms, the essential structure is bureaucratic and centralist - as its founders, who distrusted democracy, always intended it should be. Because the EU lacks genuine trans- national political parties, it is very difficult to see how this will change. A sense of a political community extending across the whole of the EU simply does not exist. Almost everyone feels a stronger sense of affinity to his or her own nation than to any pan-EU political group. Until this changes, which could take a very long time indeed, if it ever does, the nation states of Europe would be ill advised to surrender their existing hard won democratic powers to run their affairs the way they want, and to set their own standards of probity and efficiency. Britain may not be perfect, but for hundreds of years we have never had anything equivalent in scale to the exhibition of corruption, fraud, nepotism and bad management which has recently been exposed in Brussels. How many people in Britain want to see themselves governed like that?

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