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 Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E -112

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