ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

Composite System of the Implementation of European Fisheries Fund – The Polish Approach

Robert Talaga
Regional Court of Administration in Poznan
Robert Talaga
Regional Court of Administration in Poznan

Abstract

Basic rules for the implementation of European funds are defined in European legislation. Detailed regulations related to the implementation of operational programs co-financed from EU funds are defined however in national law. The EU legislator introduces sometimes solutions based on the experiences of legislation coming from the different legal systems of the Member States. Such a solution introduced into EU law then becomes universally generally applicable in all Member States. Sometimes this may cause difficulties to reconcile with national legal systems. An analyzed example would be the European Fisheries Fund, which is implemented in the Member States through the operational programs. In the previous programming period (2007-2013), its implementation was associated with direct transposition to the Polish legal system solutions based on the principle of partnership. As a result, institutional conditions of this situation have also resulted in the exclusion of direct application of national provisions of administrative procedural law, which are disregarded? In this place new solutions of a particular character were created, which have not been able to provide adequate protection to the applicants for financing from the funds allocated to fisheries. In this way, doubts arose as to the scope of responsibility for such a solution in which EU legislation based on the principle of partnership without introducing instead of relevant solutions has led to distortion of the national legal systems. Once again, it also provoked questions about the need for a common EU Code of Administrative Procedure. In the article legal analysis of EU and national legislation, including judgements of the administrative courts, will be conducted.