The first disbursement of financial assistance is released after the signature of the MoU.
Further instalments are conditional on a regular review made by the Commission of the
economic policies of the Member State and, particularly, the fulfilment of the conditionality
included in the MoU (Article 4 of Regulation (EU) 407/2010). Changes in the general
economic policy conditionality are negotiated between the Commission and the beneficiary
Member State and afterwards included in a revised draft economic and financial adjustment
programme prepared by the Member State. The Council, acting by a qualified majority,
approves the adjustments to the programme and revises the decision that granted financial
support to the Member State in order to incorporate the amendments to the general
economic conditions proposed by the Commission. The disbursement of the next
instalment of the loan follows the signature by the Commission and the Member State of
an updated version of MoU revised in accordance with the amendments introduced in the
Council´s decision [Article 3 (6) and (7) of Regulation 407/201].
2.4.
The EFSF was founded through a public deed made in Luxembourg on 7 June 2010
that incorporated a public limited liability company under Luxembourg law (Société
Anonyme) that had the State of Luxembourg as its sole shareholder. XVI Immediately
afterwards, the EFSF signed with the Ministers for Finance of the Eurogroup a
framework-agreement which is subject to English law. The framework-agreement
establishes the institutional framework of the EFSF, the terms and conditions upon which
the EFSF may grant financial assistance, issue debt and provide guarantees, as well as the
proceedings of access and the conditionality of financial assistance.XVII
The option for private law instruments for the creation of the EFSF can be explained
with political reasons related to the fear that the internal procedure of approval of an
international treaty could be blocked by parliaments or directly rejected by the people in
referenda.XVIII This foundational path raises, however, legal problems as many of the
matters included in the by-laws and in the framework agreement of the EFSF clearly
transcend the boundaries of private law (Tuori 2012: 30).
This transcendence seems to the case in the tasks given to the Commission and the
ECB to negotiate and monitor the fulfillment of the measures foreseen in the MoU, a
necessary condition to the disbursement of financial assistance under the loan agreement
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