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This article discusses the importance of the National Management Declaration as a vital link in the EU controls framework. It highlights the benefits of ownership-driven controls, the costs of ignoring the instrument, and the potential consequences of non-compliance. The article poses important questions about the future of EU controls and the role of member states in ensuring accountability.
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THE NATIONAL MANAGEMENT DECLARATION TO BE OR NOT TO BE IN PART OR IN WHOLE Jules Muis, an advocacy view 19 December 2007, COCOBU
COMMON SENSE MEMBER STATE OWNERSHIP: MISSING LINK IN EU CONTROLS ARCHITECTURE (legal optic) • NATURAL FIT IN EU CONTROLS ARCHITECTURE (controls optic) • LEVER FOR CHANGE FOR THE BETTER; • ENABLING INSTRUMENT • DISCOVERY INSTRUMENT • POWERFUL ACCOUNTABLITY TOOL • CLAPPING WITH TWO HANDS
BURNING PLATFORM CHRONIC ADVERSE ECA AUDIT OPINION. • OLAF EXISTENCE/FINDINGS- mainly triggered by third parties, not systems • MEMBER STATES ‘ABSENTEE LANDLORDS’ • RESULTING LACK OF OWNERSHIP • CONTROLS CONSTRUCTS PROCESS RATHER THAN RESULTS DRIVEN • EXPENSIVE, EXPENSIVE, EXPENSIVE
MACRO-ASSURANCE DECLARATION • RESULTS BASED RATHER THAN OPEN-ENDED BEST EFFORT PREDICATED • PREVENTATIVE/EX ANTE • MAKING THE IMPLICIT EXPLICIT • PUTTING OWNERSHIP WHERE IT BELONGS • POWERFUL SELF-DISCOVERY TOOLS • OWNERSHIP DRIVEN WHERE IT BELONGS • NOVEL
PITFALLS • DO WE REALLY WANT TO KNOW? • SELF-INCRIMINATING? • POLITIZATION SIGN-OFFS • RED TAPE EFFECT, IF ANY • COST/BENEFITS? • WHO CARES…AFTER 50 YEARS…? • SAND IN THE WHEELS OF FORTUNE
JOINT EU/NATIONAL INTEREST • WHAT IS GOOD FOR EU=GOOD FOR NATIONAL SCENE AND VV • EU ASSURANCE=NATIONAL ASSURANCE • EU CONTROLS LEVEL PLAYING FIELD • SELF DISCOVERY NATIONAL CONTROLS WEAKNESSES; SELF CLEANSING • MEETING TREATY PROVISIONS/EXPECTATIONS
THE BENEFITS OF IGNORING THE INSTRUMENT • MUDDLING THROUGH, BUSSINESS AS USUAL; STATUS QUO ASSURED • HAPPIER FINANCE MINISTERS • EVASIVE BY-PASS CONTROLS CONSTRUCTS • HAPPY SAI’S • LIVING WITH THE DEVIL YOU KNOW • FEWER DIFFICULT CHOICES TO MAKE • PROCESS AS FIDUCIARY FIG LEAF
THE COSTS OF IGNORING THE INSTRUMENT • TRACTION, TRACTION, TRACTION • ACCOUNTABILITY, ACCOUNTABILITY,ACCOUNTABILITY • OWNERSHIP, OWNERSHIP, OWNERSHIP • IGNORING TREATY ARCHITECTURE • CONVOLUTED BY-PASSES • NO BASELINE ANY EU CONTROLS CONSTRUCT • NATIONAL IMPLICIT ‘DISCLAIMER’ BY DEFAULT
CRYSTAL BALL 2010 • PILOTS WILL HAVE PROVEN HIGH RETURN ON INVESTMENT • MAJORITY IMPLEMENTATION • MINORITY EVASION, AT A PRICE • HUNGER FOR EU LEVEL PLAYING FIELD; POWEFUL PEER PRESSURE • CLEAR DEADLINE FOR MANDATORY IMPLEMENTATION
SAI/ECA POSITION 2010 • ECA HAS COME TO REALIZE/RECOGNIZE DECLARATION AS INDISPENSIBLE LINK IN CONTROLS FRAMEWORK • GOOD SAIs (majority) BAD SAI’S (minority) • ROLL OUT EU INTEGRATED CONTROLS FRAMEWORK/SINGLE AUDIT STAGNATED BECAUSE OF PIECEMEAL APPLICATION • POLITICAL SENSE OF URGENCY TO FOLLOW ONE LINE
(O)PTION OR (M)ANDATORY? • EU LEVEL PLAYING FIELD OR NOT (M) • LEARNING CURVE PILOTS OR NOT (O) • FUNDAMENTAL SOLUTIONS OR INCREMENTAL/PIECEMEAL (M) • TREATY ENFORCEMENT OR ‘MIGHT MAKES RIGHT’ (M) • DO WE WANT TO GET IT RIGHT OR ONLY IN THE RIGHT DIRECTION (M) • SITTING US OUT: TIME SHALL TELL (O)
CRYSTALL BALL 2012 • EU HAS MATURE REALISTICLY RISK PROFILED CONTROLS&SINGLE AUDIT FRAMEWORK • NATIONAL MANAGEMENT DECLARATION IS MANDATORY BASELINE; MOST CARRY QUALIFICATIONS • REPORTING FRAMEWORK WITH QUALIFIED CLEAN DAS ON MANAGEABLE RISKS (80%); AND EXPLICIT UP FRONT QUALIFICATIONS FOR INHERENT HIGH RISK AND/OR SUBSTANDARD AREAS (20%), (MAINLY DEVELOPMENT AID)
SOFTBALL QUESTION • HOW LONG WILL PARLIAMENT BE ABLE/WILLING TO CONTINUE GIVING DISCHARGE IN THE FACE OF INCREMENTAL IMPROVEMENTS ONLY (‘PROGRESS’, WITHOUT EVER GETTING THERE) WITH THE PROSPECT OF ANOTHER 5 YEARS OF ADVERSE AUDIT OPINIONS?
HARDBALL QUESTIONWHO WILL BLINK FIRST? • WILL ANSWER TO SOFTBALL QUESTION BE THE SAME IF MEMBER STATES CALL PARLIAMENT’S BLUFF, AND ARE UNWILLING TO COMPLY WITH MANDATORY IMPLEMENTATION OF THE NATIONAL MANAGEMENT DECLARATION?