1. The European Structural and Investment Funds
Ending institutional care and the shift to community based living for all
The European Structural and Investment Funds
Alexandra Hillen-Moore. Centre for Disability Law and Policy, NUI Galway. 1

2. New legislative framework for the funding period: The Regulations and Guidance documents clearly embrace the view that the transition from institutional care to community based living and services responds to rights - not just needs - and is mandatory. the result of concerted advocacy across Europe over many years…
This represents a historic change on paper, the Unions investment and development policy has effectively been tied to its values and fundamental rights of its EU citizens and residents. - the specific attention given to DI in the regulations did not appear randomly, they were very much the product of concerted advocacy across Europe over many years
US Supreme Court ruling Olmstead: PWD have right to live in community
Funding periods shift in language > economic and policy approaches toward growth and development learning process: what works, past mistakes global context
Thinking about how growth and development operates and functions in an intergrated nature
Trying to understand ways of thinking about policies that respond to integration
Change in thinking can be traced through the reforms of cohesion policy that coincide with evolving approaches toward economic policy > can see it clearly through the use of language through the funding periods graduating from structurally backward industrial decline countering lagging development to promoting competitiveness, convergence and cohesion, pushing forward innovation, growth and inclusion.

3. Human Rights argument (International and EU) - EU Charter of Fundamental Rights - UNCRPD (Council decision 2010/48/EC) - Convention on the Rights of the Child Cost-benefit argument - Europe 2020 ‘smart, sustainable and inclusive growth’ >> promoting social inclusion, combating poverty and any discrimination - Better use of taxpayers money (poor policy > poor outcomes > scarce resources wasted) Funding use: refurbishment/new buildings
So this advocacy was based on several arguments against institutionalisation
EU Charter – primary legal value alongside EU Treaties > when implementing EU law EU institutions and MS are bound by the Charter so EU funding should be used to protect and promote fundamental rights – several relevant articles in relation to children, PWD and older people
UNCRPD – Structural funds explicitly included as an area of EU competency which are relevant to matters governed by the CRPD. Legal liability
CRC -
CB argument –
Europe 2020 – MS must make best use of their public funding to support objectives of smart, sustainable and inclusive growth
Social inclusion objectives cannot be achieved while 1.2 million Europeans are segregated and excluded in residential institutions
Taxpayers money
Public funding going to services that have poor outcomes
Hungary/Romania
____
the right to respect for private and family life, home (Article 7),
non discrimination on several grounds including age, genetic features, birth or disability (Article 21),
rights of the child including primary consideration of best interests and the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents (Article 24),
rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life (Article 25),
right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community (Art 26),
right to social security and social assistance in order to combat social exclusion and poverty including the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources

4. Cohesion Policy delivers Europe 2020 Strategy
1/3 EU Budget : EU Cohesion Policy ‘The largest development programme under a single policy architecture’
The reforms agreed for the period are designed to maximise the impact of the available EU funding.
€1 082 billion
OVERALL EU BUDGET
Other EU policies
Agruculture
Research
External
Etc.
€730.2 billion
67.5%
32.5%
€351.8 billion
COHESION POLICY
GROWTH
Smart
Sustainable
Inclusive
Cohesion Policy
delivers
Europe 2020 Strategy
€351.8 billion of the Unions budget is allocated to Cohesion Policy  that is to be the principle investment tool for delivering the Europe 2020 strategy for smart, sustainable and inclusive growth. The period is exciting not only the amount of money available and significant potential but the context of reform for the period and more broadly we see a change in thinking about growth and development as multidimensional and recognition that we need all aspects the smart, the sustainable and the inclusive to grow.
The quote is from Professor Philip McCann who was the special advisor to the previous Commissioner Han on Regional Policy in the Commission
Europe 2020 was launched in 2010 and has 5 ambitious targets for 2020 one of which aims to lift 20 million people out of poverty and social exclusion by 2020 – DI measures contribute to this
the Smart agenda: innovation; education; digital society.
Sustainability agenda: climate, energy, and mobility.
Inclusive agenda: employment and skills; fighting poverty and social exclusion
In order to help Member States reach the poverty and social exclusion target, the Union launched the
European Platform Against Poverty and Social Exclusion, a flagship initiative that is based on five areas of action. One of these areas is to ensure
better use of EU Funds to support social inclusion by designating that at least 20% of the ESF must be spent fighting poverty and social exclusion
Reform: Not just Europe!global change in thinking about growth and development *multidimensional *Regional globalisation United States “sustainable, innovation, revitalisation” OECD “stronger, cleaner, fairer” EU “smart, sustainable and inclusive”
2015 U.S. > R&D, Smart cities, strategic areas such as medicine – demographic change
China: balanced regional growth ‘11-’15 – place based , R&D, incentives, investment
742.5 million population of EU (2013 figures) > increase migrant/refugee crisis
1.2 million in institutions
Social inclusion
62.5 billion

5. Cohesion policy has a legal foundation Preamble to the Treaty of Rome (1957): necessity ‘to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions’. Article 130a The Single European Act (1987): promoting the “overall harmonious development” of the Community and “strengthening economic and social cohesion”, particularly by “reducing disparities between the various regions and the backwardness of the least favoured regions” Article 130b “the community shall support the achievement of these objectives by the action it takes through the structural funds” Article 174 Treaty of Lisbon (2007): ‘economic, social and territorial cohesion’
regional policy had a modest start in the preamble of the 1957 Treaty but it wasn’t until the
Single European Act that cohesion policy had a solid legal basis and shifted the emphasis towards a focus on genuine development strategies.
Cohesion was not defined in the Treaty however it makes clear that it requires in particular the reduction of disparities between the various regions and the backwardness of the least favoured regions and that the structural funds are to support these objective so the pursuit of cohesion and the operation of the funds are closely bound to the concept of equality
and
In 2007 the Lisbon Treaty added a territorial dimension to cohesion policy which is one of the clearest signals of the new thinking toward growth and development exemplified through the “growing awareness of the need to frame development strategies around the particular assets of territories, their physical, human and social capital as well as their natural resources”
____
Treaty of Rome: and there was recognition of the differences between regions but it was believed the creation of the single market would naturally reduce the differences and any losses would be compensated through specific sectoral policies including assistance to farmers through the common agricultural policy_ and to workers through the European Social Fund
also in context, economic policy this point in time did not favour an overarching community level policy approach – it was seen as up to the MS to coordinate themselves however it was quickly realised the creation of the single market required a regional approach
Current: Article 174 and 175 TFEU

6. The European Union is diverse …
GDP/capita
the union is very diverse with wide disparities between the Member States, but also within each Member State
Economic and social disparities have significantly deepened after enlargement in 2004 – 10 central and Eastern European Countries joined: increased population by 20% but the GDP by only 5% and in 2007 Bulgaria and Romania joined so again much poorer countries so cohesion policy has become particularly important
Huge difference between richest regions, such as London Capital, and for example the poorest region in Romania
Highest GDP/capita in Scandinavian countries, NL, Germany, parts of Italy
Lowest GDP/capita in CEEC countries
Map from period. Until the end of 2014 Mayotte isn't registered as NUTS 2 region, this is why it isn't taken over on the map.

7. 3 funds to invest in growth and jobs
DELIVERED
THROUGH
3 FUNDS
EUROPEAN
REGIONAL
DEVELOPMENT
FUND
EUROPEAN SOCIAL
COHESION
COHESION POLICY FUNDING
€ 351.8bn
COHESION POLICY FUNDING
EXPECTED PUBLIC &
PRIVATE NATIONAL
CONTRIBUTIONS
LIKELY IMPACT OF
COHESION POLICY
€ 600bn +
Cohesion policy is delivered through three funds…
Funding is co-financed so contributions from the funds and the national finances make the likely impact of cohesion policy upwards of 600bn euro
Our focus is mainly the ERDF and ESF as the Cohesion Fund focuses mainly on transport and environment
the CF applies to EU Member States which have a GDP lower than 90 % of the EU –27 average –Croatia not taken into account)

8. Common Strategic Framework
Partnership Agreements
Operational
Programmes
Management of programmes/ Selection of projects
Monitoring/ Annual reporting
The method/process: Europe 2020 targets are translated into Funding priorities in the CSF Partnership > Programming > bodies to implement and manage > projects > monitoring > reporting *Partnership and multi-level governance at all stages* Public authorities, economic and social partners + relevant bodies representing civil society, NGOs and bodies responsible for promoting social inclusion, gender equality and non-discrimination
Common Strategic Framework translates the Europe 2020 priorities into funding priorities and establishes strategic guiding principles for Member State Partnership agreements and Operational programmesin order to acheive integrated development.
Partnership Agreement: An overarching strategy at national level sets out the planned use of the funds: Proposed by the Member State in consultation with partners adopted by the Commission
Operational programmes translate the investment priorities and objectives in the PA into concrete actions:
Proposed by the Member State, adopted by the Commission:
Core elements:
Selection of thematic objectives, investment priorities, specific objectives, allocations and justification – intervention logic – clear focus on results
Financing plan
Integrated approach to territorial development; specific needs and demographic challenges
Main platform for Ex ante conditionalities > whether fulfilled and if not the action plans, bodies to implement and deadline for fulfilment
Performance framework
Management of programmes and Selection of projects is the responsibility of the Member States who provide annual reports to the Commission and this is monitored by a monitoring committee that must include all the partners
_____
The big push of the CSF is adopting a place based approach in the use of the funds specifically the NRPs and CSRs from the European Semester. The CSF is set within horizontal principles and cross cutting policy objectives including Partnership and multi-level governance, non-disc., accessibility, addressing demographic change and sustainable development so for example it states under partnership that MS should examine the need for strengthening the institutional capacity of partners in order to develop their potential in contributing to the effectiveness of partnership. .

9. Implementation, management and monitoring Cohesion Policy
A Managing Authority to implement + manage the operational programme, selects projects, produces an annual implementation report by May 31st each year.
overseen by a Monitoring Committee – must include partners - review implementation of Programmes, progress to objectives, makes observations to MA
A Certification Authority to verify the statement of expenditure and the payment applications before their transmission to the Commission.
An Audit Authority for each operational programme – functionally independent from MA and CA to supervise the efficient running of the management and monitoring system.
All bodies must be set up before first interim payment can be made
Managing Authority is the main body: national ministry, regional authority, local council, another public or private body…Responsible for the efficient management and implementation of an Operational Programme, selects projects, produces annual implementation report – first of these is due May 31st 2016
Certification authority verifies expenditure and subits payment applications to the Commission
Audit authority must be functionally independent , monitors project compliance with national and EU regulations, ensures seperation of functions between the different bodies, controls on declared expenditure.
These bodies can cover more than one programme
All Operational Programmes were adopted December 2015 which signaled the turn to implementation however many countries are still setting up these bodies which has lead to programming delays but the Commission hopes they will be set up by summer 2016

10. EU Cohesion Policy: The key elements of the reform
Link with EU 2020 Stategy.
Coordinated use of five European Structural & Investment Funds.
Target resources at key growth sectors.
Set clear objectives and measure results.
Ensure the right conditions for investment.
Enhanced role for the European Social Fund.
Stronger role for partners in planning, implementation and control.
Integrated approach to territorial development.
Stronger economic and social policy coordination
Place based approach to growth and development
These reforms are the product of what has been learn from cohesion policy over the years and especially during the crisis in
Demonstrate the change in thinking about how growth and development operates and functions in an intergrated nature
Trying to understand ways of thinking about policies that respond to integration so a stong results and performance orientation, clear objectives, incentives for achieving milestones and adopting a place based approach so focusing investment in line with the national economic, social and territorial context.
This coincides with evolving approaches toward economic policy as a major finding from the crisis revealed the surveillance of MS economic policies were running in parrallel to the cohesion policy strategies so in order to make sure the Europe 2020 strategy delivers, the EU has adopted several measures for greater economic and social policy coordination at the national level to tackle macro economic imbalances. --
Can see it clearly through the use of language through the funding periods that have graduated from the 80s and 90s from structurally backward industrial decline countering lagging development to a strong focus now on promoting competitiveness, convergence and cohesion, pushing forward innovation, growth and inclusion
*Link with EU 2020
At the programming stage (Partnership Agreement and programmes), Member States have to make a clear link between ESI Fund intervention and the Europe 2020 strategy, with particular focus on the relevant country-specific recommendations. A significant change in comparison with the previous programming periods is that this link must be maintained throughout the implementation stage. If new relevant country-specific recommendations are issued which require support from the ESI Funds, the Commission may request that Member States make appropriate adjustments to the Partnership Agreements and the programmes (see conditionality linked to sound economic governance). The annual implementation reports presented by Member States from 2016 onwards for each programme will be much more focused on progress in achieving the programme’s objectives relating to Europe 2020 strategy.

11. European Semester Framework for steering and monitoring MS economic + social reforms to reach Europe November >> April Annual Growth Survey Country Reports National Reform Programmes Country Specific Recommendations Inform current/future use of the funds…
The European Semester is a yearly cycle of economic policy coordination that provides the framework for steering and monitoring Member States economic and social reforms to reach the Europe 2020 strategy and the regulations specify that key documents from the European Semester must guide programming and investment
November – AGS sets out EU priorities for the coming year and reforms needed for stability and growth,
the Alert Mechanism identifies countries in need of further analysis who possibly have macro-economic imbalances that might affect the programmes ability to deliver, commission carriers out fact finding missions to the MS over December and January to produce Country Reports – these were recently released and in two countries Romania and Bulgaria deinstitutionalisation was identified as a structural issue that required ongoing efforts. Currently the commission and the MS are having bilateral meetings to discuss the CR and their National Reform programmes that are to be released in April following this the Commission propose Country Specific Recommendations.
The European Semester Documents inform the current and future use of the funds so it is increasingly being recognised that greater attention to employment and social aspects in the cycle is needed
At the programming stage (Partnership Agreement and programmes), Member States have to make a clear link between ESI Fund intervention and the Europe 2020 strategy, with particular focus on the relevant country-specific recommendations. A significant change in comparison with the previous programming periods is that this link must be maintained throughout the implementation stage. If new relevant country-specific recommendations are issued which require support from the ESI Funds, the Commission may request that Member States make appropriate adjustments to the Partnership Agreements and the programmes (see conditionality linked to sound economic governance). The annual implementation reports presented by Member States from 2016 onwards for each programme will be much more focused on progress in achieving the programme’s objectives relating to Europe 2020 strategy.
So stepping back we see efforts toward greater internalisation of the Europe 2020 targets
EP and organisations arguing for stronger attention to employment and social aspects in the AGS and better follow up of CSRs from the national level
The crisis evidenced serious macro imbalances in the MS
The Commission proposes to pursue an integrated approach to economic policy
built around three main pillars, all of which must act together –boosting investment, accelerating structural reforms and pursuing responsible growth friendly fiscal consolidation

12. New legislative framework Overarching: Common Provision Regulation 1303/2013 (general provisions applicable to all funds) Complemented by Fund Specific Regulations: ERDF Regulation 1301/2013 ESF Regulation 1304/2013 (specify the investment priorities and type of activities each fund should support)
Regulations are binding legislative acts, they are immediately enforceable as law in all Member States and must be applied in their entirety across the EU
The new legislative framework is characterised by an overarching Common Provision Regulation (CPR) that sets out common rules to improve coordination and harmonise the implementation of all five Funds.
Complementing the CPR each Fund has its own Fund Specific Regulation that specifies the type of activities that fund should support so for our purposes these three regulations are the most important

13. Principles Additionality – funds are not to replace national finances (co-financing: Union + National) Complementarity – needs of Member States (European Semester) Subsidiarity - decisions to be taken as close to the local level/citizen as possible Partnership with local authorities, economic and social partners, civil society and bodies responsible for promoting social inclusion, non-discrimination Reducing the administrative burden on beneficiaries Coordination – ESF/ERDF Sound Financial Management
Inform the use of the funds –
Funds must complement economic, social and territorial needs
Coordination between the fund – in previous programming periods the funds operated seperately so you had infrastructure being built and sitting idle
Competencies: Implementation of the Funds are to be within a framework of shared management
between Member States and the Commission

14. Investing in all EU regions - Solidarity
ADAPTED TO
ALL EU REGIONS BENEFIT
LEVEL OF INVESTMENT
LEVEL OF DEVELOPMENT
€ 182 billion
for less developed regions
GDP < 75% of EU-27 average
27% of EU pop.
for transition regions
GDP 75-90% of EU-27 average
12% of EU pop.
€35bn
for more developed regions
GDP > 90% of EU-27 average
61% of EU pop.
€54bn
50.5%
9.9%
The Amount of cohesion policy funding depends of the level of development and in keeping with the principle of solidarity, the larger share of funding is concentrated on the less developed developed regions who have a GDP less than 75% of the EU average. A new transitional region category was introduced for MS with a GDP between 75-90% because as regions move out of the less developed category you want to keep their development going so they do not regress.
15.1%

15. 11 thematic objectives
Research and Innovation
Combating climate change
Information and Commu- nication technologies
Competitiveness of SMEs
Low-carbon economy
Environment and resource efficiency
Sustainable transport
Better public administration
Better education, training
Social inclusion
Employment and Mobility 1 5 8 2 6 9 3 7 10 4 11
Objectives of Europe 2020 Strategy: smart, sustainable and inclusive growth are
Translated into 11 thematic objectives (TO) for all five ESI Funds – these are identified in the Common Provisions Regulation
Investment from the ERDF will support all 11 objectives, but 1-4 are the main priorities for investment.
Main priorities for the ESF are 8-11, though the Fund also contributes to 1-4/6.
The Cohesion Fund supports objectives 4-7 and 11.
TOs broken down into more detailed objectives in the form of investment priorities (IP) - identified in Fund-specific Regulations

16. Investment Priorities Fund Specific Regulations
European Social Fund
European Regional Development Fund
Social inclusion
Article 3
TO 9: social inclusion
Active inclusion, including with a view to promoting equal opportunities and active participation, and improving employability.
Socio-economic integration of marginalised communities such as Roma
Enhancing access to affordable, sustainable and high quality services, including health care and social services of general interest
Recitals:
The ESF should promote the transition from institutional to community based care. The ESF should not support any action that contributes to segregation or to social exclusion
Article 5
TO 9: Social Inclusion
Investing in health and social infrastructure which contributes to national, regional and local development, reducing inequalities in terms of health status, promoting social inclusion through improved access to social, cultural and recreational services and the transition from institutional to community-based services.
Recitals:
CBS should cover all forms of in-home, family-based, residential and other community services which support the right of all persons to live in the community, with an equality of choices and which seek to prevent isolation or segregation from the community
In Member State operational programmes the investment priorities are broken down further into specific objectives, Common result indicators, a description of the type and examples of actions to be supported under the investment priority, identification of main target groups and territories, guiding principles for the selection of operations and projects, planned use of financial instruments and; output indicators by investment priority …this process aims to support better focus on results and performance...
Bulgaria: IP 3 enhancing access to affordable, sustainable and high quality services > specific objective 1: Improving the access of PWD and older persons unable to take care of themselves to social inclusion and healthcare services : measures should contribute to building a proper network of community and home based services to prevent institutionalisation...support will aim to develop cross- sectoral services for PWD.
_____
ESF:
Should support the fulfillment of unions obligations under the UN CRPD with regard inter alia to employment, education, work and accessibility.
The ESF should promote the transition from institutional to community based care. The ESF should not support any action that contributes to segregation or to social exclusion.
TO 8: Employment + Mobility -Active and healthy ageing
Fund Specific Regs:
Regulation (EU) No 1304/2013 on the European Social Fund
content/EN/TXT/?uri=CELEX%3A32013R1304
Regulation (EU) No 1301/2013 on the European Regional Development Fund
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013: 347:0289:0302:EN:PDF 16

17. Better focus on results
Indicators
Reporting
Monitoring
Evaluation
Aims
and
Targets
CLEAR
TRANSPARENT
MEASURABLE
In order to incentivise MS to reach their targets 6% of all OPs are frozen until end After submission of the Annual Implementation Report by end June 2019, the EC decides which priorities achieved milestones, If the priority axes of the OP have met the milestones and therefore are on track to achieve objectives they receive the 6%.
If the priority axis isn't well on track, the 6% are at disposal of another priority axis, if necessary in another OP that works well. Necessary reprogramming is then undertaken.
Performance reserve
6% funding allocated in 2019 to programmes and priorities which have achieved 85% of their milestones.

18. Stronger role for partners in planning & implementation
European Code of Conduct on Partnership
A common set of standards to improve consultation, participation and dialogue with partners during the planning, implementation, monitoring and evaluation stages of projects financed by all European Structural and Investment Funds (ESIF).
Partners: public authorities, trade unions, employers and NGOs and bodies responsible for promoting social inclusion, gender equality and non-discrimination.
Monitoring Committee
How it will work:
Partners can be full members in the monitoring committees of the programmes
Provide partners with information as a prerequisite for a proper consultation process
Support capacity building of partners
Create platforms for exchange of good practise

19. Necessity of pre-conditions for effective EU investment
to ensure that all institutional and strategic policy arrangements are in place, creating favorable investment conditions, before funding is released to the Member States.
the appropriate regulatory framework,
effective policy frameworks (strategies), and
sufficient administrative/institutional capacity.
Types of ExAC:
Thematic ExAC linked to the thematic objectives and investment priorities of Cohesion Policy
General ExAC are linked to horizontal aspects of programme implementation
Fulfilment deadline 31st December 2016 .
Previous programming > had the targets but the structures in MS required to achieve targets not there…such as regulatory frameworks, policy strategies so the conditions are to ensure all these arrangements are in place before funding is released.
So each thematic objective has a corresponding thematic ExAC that is required to be in place for that specific sector
The General ExAC apply horizontally across all the funds
If the ExACs are not fulfilled MS have to set out in their OP Action Plans and detail the responsible bodies and timeline for implementation – the deadline is set at the 31st December 2016
_____ :
Poor regulatory and policy frameworks as well as administrative and institutional bottlenecks in the Member States undermined the effectiveness
and impact of investment. The ex ante conditionalities (ExACs) are to ensure that all institutional and strategic policy arrangements are in place, creating favorable investment
conditions, before funding is released to the Member States.
Each thematic objective has a corresponding thematic ex ante conditionality and the general ExAC apply horizontally across all programmes
If the ExACs are not fulfilled when the PA is submitted MS have to set out in their OP Action Plans and detail the responsible bodies and timeline for implementation
Thematic pre-conditions:
Strategic: Regions must define strategies for Smart specialisation (innovation), Investment in research infrastructure, ICT growth and broadband development, Climate risk prevention, Transport or Energy infrastructure.
Regulatory: Member States must have transposed directives on Energy efficiency in buildings, Cogeneration, Renewable energies, Water investments, Waste investments
Institutional/administrative: i.e. Regions must have put in place measures to promote entrepreneurship
Reducing time and cost to set up businesses and get licences and permits-
Monitoring mechanism for Small Business Act (SBA)
General pre conditions:
Implementation of anti-discrimination policy, gender equality policy, non-discrimination against people with disabilities
Apply European public procurement and state aid laws, environmental impact and strategic environmental assessment legislation
Keep a statistical basis for evaluations on a basis of result indicators.
NB: They do not apply to European Territorial Cooperation.

20. Thematic ex ante conditionalities “existence and implementation of a national strategic policy framework for poverty reduction aiming at the active inclusion of people excluded from the labour market” Criteria for fulfilment: - Evidence base to develop policies - Measures for achievement of poverty/inclusion targets in NRP - Involves relevant stakeholders in combating poverty - Depending on the identified needs, includes measures for the shift from institutional to community based care - Support for submitting project applications and implementing/managing projects if selected
Thematic Objective 9 – promoting social inclusion, combatting poverty and any discrimination requires the existence of a national strategic policy framework for poverty reduction and it has to include all criteria of fulfilment in order to be fulfilled so – slide
Evidence base – requires indicators look at areas such as adequacy and coverage of adequate income support, jobless households, in-work poverty, financial disincentives, as well as,
access to education (for the low skilled adults), healthcare, and housing. There has to be evidence of integrated service delivery like one-stop-shops or credible plans on the
implementation of integrated approach.
Depending on identified need - this aims to make a clear distinction between those Member States which have shifted to community-based care and those that have not yet
done so. In those Member States where needs have been identified (as the shift to community-based care has not yet been completed), the ex-ante conditionality requires that their
strategic policy frameworks on poverty reduction include measures to support that shift to community-based services.
Measures for the shift .. These measures include the development of services based in the community enabling people to live independently and preventing the need of
institutionalisation. In the case of children in alternative care, the provision of family-based or family-like care which include family support should be in place

21. General ex ante conditionalities Horizontal aspects of programme implementation apply across all ESIF: non-discrimination, gender, disability, public procurement, State Aid, environmental, statistical systems and result indicators. Corresponding criteria of fulfilment
General pre conditions:
Implementation of anti-discrimination policy, gender equality policy, non-discrimination against people with disabilities...the Application of European public procurement and state aid laws, environmental impact and strategic environmental assessment legislation
Keep a statistical basis for evaluations on a basis of result indicators.
For disability the condition is there must be The existence of administrative capacity for the implementation and application of the UNCRPD in the field of ESI Funds and the Criteria of fulfilment : Consultation and involvement of bodies in charge of protection of the rights of PWD or representative organisations of PWD throughout preparation and implementation of programmes :Training of staff involved in management and control of Funds in the field of applicable Union and National disability law and policy
:monitoring implementation of Article 9 CRPD – Accessibility

22. Current status: 75% ex ante conditionalities fulfilled 750 Action Plans adopted for fulfilment by 31st Dec must fulfill to receive payments
According to the commission the progress toward fulfillment is proving difficult
Public procurement
Court of auditors The report details serious errors in the awarding of €349 billion of EU public funds over the period which meant that contracts were given to undeserving companies in tendering processes that were not competitive.

23. Enhanced role for the European Social Fund
For the first time a minimum share of the cohesion policy budget is earmarked for the ESF: 24.8%
A minimum share of the ESF must be spent on measures supporting social inclusion
Risen from 20% to 25.6%
Social inclusion (Union+National) € 62.5 bn

24. ESF thematic concentration
Thematic concentration of each OP on up to 5 investment priorities for employment/mobility, education/training, social inclusion & institutional capacity.
60%
Less developed regions
70%
Transition regions
80%
More developed
regions
For instance= less developed regions have to spend 60% of their ESF allocation on up to 5 investment priorities (out of 19) for employment/mobility, education/training, social inclusion & institutional capacity.
Investment priorities for thematic objective 'promoting sustainable and quality employment and supporting labour mobility': examples
- Access to employment for job-seekers and inactive people, including the long-term unemployed and people far from the labour market, also through local employment initiatives and support for labour mobility;
- Sustainable integration into the labour market of young people, in particular those not in employment, education or training, including young people at risk of social exclusion and young people from marginalised communities, including through the implementation of the Youth Guarantee;
- Self-employment, entrepreneurship and business creation including innovative micro, small and medium sized enterprises;
- Modernisation of labour market institutions, such as public and private employment services, and improving the matching of labour market needs, including through actions that enhance transnational labour mobility as well as through mobility schemes and better cooperation between institutions and relevant stakeholders;
Investment priorities for thematic objective 'promoting social inclusion, combating poverty and any discrimination': examples
- Socio-economic integration of marginalised communities such as the Roma;
- Promoting social entrepreneurship and vocational integration in social enterprises and the social and solidarity economy in order to facilitate access to employment;
Community-led local development strategies;
Investment priorities for thematic objective 'investing in education, training and vocational training for skills and life-long learning': examples
- Reducing and preventing early school-leaving and promoting equal access to good quality early-childhood, primary and secondary education including formal, non-formal and informal learning pathways for reintegrating into education and training;
Enhancing equal access to lifelong learning
Investment priorities for thematic objective 'enhancing institutional capacity of public authorities and stakeholders and efficient public administration': examples
- Investment in institutional capacity and in the efficiency of public administrations and public services at the national, regional and local levels with a view to reforms, better regulation and good governance (Cohesion Fund countries)
- Capacity building for all stakeholders delivering education, lifelong learning, training and employment and social policies, including through sectoral and territorial pacts to mobilise for reform at the national, regional and local levels.

25. €4.5 bn ERDF investments planned in social infrastructure >> support targets community based social services for vulnerable groups (persons with disabilities including psychosocial disabilities, children, elderly) Social inclusion results expected: 2.6 million inactive people supported 2 to 2.5 million disadvantaged people benefitting 41.7 million people will benefit from improved health services (eHealth) context of current crisis: ESIF can support refugees and asylum seekers - facilitate access to labour market, promote social inclusion, education, training, housing, one stop shops, counselling…
As it stands now bn ERDF social infrastructure
Language is that of the Commission

26. Support Initiatives from the Commission for better implementation and management of the Funds
Boosting administrative capacity – training sessions, exchange visits for managing authorities, certifying and audit authorities
TAIEX REGIO PEER 2 PEER: exchanges of regional experts
Expert Database (public Officials willing to share expertise)
Integrity Pacts: safeguard EU funds from fraud, corruption, mismanagement
*Taskforce for Better Implementation*
Tailored support to 8 countries who struggle to effectively and efficiently spend their allocation of funding:
Bulgaria, Croatia, Czech Republic, Hungary, Italy, Slovakia, Slovenia and Romania
RegioStars awards – identify good practice and innovation in Regional Development – Inclusive Growth category
Most support available has to be requested by the MS, it is not mandatory – role of taskforce is promising
Initiatives for finding good practice through competitions – regio stars awards – Inclusive growth category; examples of integrated living – building inclusive and non-segregated communities
issues
Other funding sources not have same rules – EEA and Norway grants, EIB loans, Junker plan (European Fund for Strategic investments) – has approved 69 projects in 18 countries – total financing 22 billion in investment.
Europe 2020 strategy targets > 20 million less in poverty/unemployment level however 123 million people in the EU are in or at risk of poverty and social exclusion
ExAC do not apply to programmes under the European Territorial Cooperation Goal > Interreg programmes which are cross border

27. Links www. communitylivingforeurope
Links Regional Policy: InfoRegio Funding Data: Programmes: European Social Fund: Managing Authorities EU Semester Documents European Expert group on the transition from institutional to community based care – Toolkit and Guidelines for the use EU funds available: