At the request of the Ministry of Inferior, we analysed a complex matter concerning questions arising from the application of national and EU law on certain grant agreements in the realm of the EU Asylum, Migration, and Integration Fund (AMIF).
The Ministry pointed out specific questions that arose during the supervision of a grant agreement where AMIF funds were used to finance the activity. The core of the questions revolved around the obligations of a “partner” in EU grant agreements and whether Estonian national legislation was in compliance with EU law.
Analysis revealed contradictions in partner obligations
We drafted a 40-page memorandum outlining the obligations stemming from numerous EU legal acts that regulate the roles of persons, including “partners”, in fulfilling grant agreements regulated by EU law.
Our analysis revealed that the national legal acts regulating the obligations of “partners” in grant agreements were contradictory, and the grant recipient could not be held accountable for the lack of legal clarity in national laws. We also established that the notion of a “partner” in relevant EU legal provisions was also unclear and understood differently in different EU legal acts.
The analysis was carried out by our partner Kadri Härginen and senior associate Mario Sõrm.
