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PACA – Primary administrative and judicial finding

PACA abbreviation stands for “Primary administrative and judicial finding” (French: Premier acte de constat administratif ou judiciaire).

Primary administrative or judicial finding means a first written assessment by a competent authority, either administrative or judicial, concluding on the basis of specific facts that an irregularity has been committed, without prejudice to the possibility that this conclusion may subsequently have to be revised or withdrawn as a result of developments in the course of the administrative or judicial procedure.

 

Source: Art. 2 (b) of Regulation 2015/1970

 

Source: Art. 2 (b) of Regulation 2015/1971

 

Source: Art. 2 (b) of Regulation 2015/1972

 

Source: Art. 2 (b) of Regulation 2015/1973

 

See also: “Handbook on reporting of irregularities in shared management”, European Anti-Fraud Office, 2017

Passive corruption

“Passive corruption” is a PIF offence. It means the action of a public official who, directly or through an intermediary, requests or receives advantages of any kind, for himself or for a third party, or accepts a promise of such an advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the Union's financial interests.

 

Source: Art. 5, par. 2 (a) of the PIF Directive 2017/1371

Person concerned

‘Person concerned’ within the meaning of checks and inspections with EU funds shall mean any person or economic operator suspected of having committed fraud, corruption or any other illegal activity affecting the financial interests of the Union and who is therefore subject to investigation by the European Anti-Fraud Office. This term may be used in a broader meaning to refer to any natural of legal persons of interest.

‘Person concerned’ within the meaning of reporting breaches of EU law means a natural or legal person who is referred to in the report or public disclosure as a person to whom the breach is attributed or with whom that person is associated;

 

Source: Art. 2 (5) of OLAF Regulation 883/2013

 

Source: Art. 5 (10) of the Whistleblower’s Directive 2019/1937

PIF – Protection of the financial interests of the European Union

PIF abbreviation stands for “Protection of the financial interests of the European Union” (French: protection des intérêts financiers)

This general obligation is valid both for the Member States and the European Union itself. According to Art. 325 of TFEU the Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union through measures to be taken in accordance with this Article, which shall act as a deterrent and be such as to afford effective protection in the Member States, and in all the Union's institutions, bodies, offices and agencies. Furthermore, Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests.

 

Source: Art. 325 of the Treaty on the Functioning of the European Union