Implementation procedures for EU development policy in Poland

In: Eastern European journal of transnational relations, Band 7, Heft 1, S. 95-106

Abstract

EU law obliges Member States to introduce such management and control systems for the implementation of financial instruments on their territory to ensure their proper functioning and compliance with the objectives and principles of EU development policy. Within the limits set by the principles and provisions of treaty and statutory law, Member States are free to design these systems. The aim of the article is to present an outline of the national model for the implementation of EU funds in Poland from a procedural perspective (described in full detail in the author's monograph cited below). The study mainly used a methodology of analytical research (modelling) and doctrinal legal research (analysis of subject literature) with elements of comparative legal research. The analysis shows that the research results indicate that the most frequently used and at the same time the basic method of implementing development policy instruments is using special administrative procedures. These procedures (referred to in the doctrine as third generation procedures) differ from the general administrative procedure in certain elements like stronger formalization, accelerating the trial, methods of proof, remedies, and others. Due to the administrative nature of these proceedings, the control of decisions or other acts issued in them is exercised before administrative courts. Only some disputes relating to claims arising from co-finance decision or contracts and other claims in contractual or tortious matters are settled in the polish common courts. Such construction and specificity of the characterized system is justified by the purposes and functions of EU development policy and nature of its financial instruments. Also for this reason the requirements placed on implementation procedures in terms of their public accessibility and functionality should be seen from a different perspective than standard jurisdictional procedures, designed for general administrative or civil matters.