Implementation procedures for EU development policy in Poland (original) (raw)
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Legal aspects of the implementation of EU funds 2007-2013 in Poland – practice and challenges
Poland, since the pre-accession period, has been dealing with the European Union financial and technical assistance. However, current financial perspective of the EU gave Poland opportunity to be involved in the whole programming period and participate in each phase of the Cohesion Policy cycle. The responsibility of the implementation of this policy is shared between the European Commission and the Member States of the EU. Therefore, one of the key elements of the use of EU funds is the regulatory environment and legal acts adoption that enable proper use of the EU budgetary allocations. Besides, the strong impact of the European Union has been visible on the processes of governance and law creation on both central and regional levels of administration. It has resulted in appearance of multilevel governance and creation of multilayered legal system in terms of the use of EU funds. One of the main aims of the article is to present Polish experiences with the implementation and creation of legal acts referring to the area of Cohesion Policy in the years 2007-2013 (including strengths and weaknesses). From comparison made to previous period 2004-2006 changes in the process of adoption and implementation of legal acts are noticeable. Moreover, some shifts towards stronger coordination in the phase of programming of the policy are visible. Challenges and remedies to weaknesses with reference to legal and management aspects of Cohesion Policy would be also discussed in concluding section of the paper. The methodology of the paper bases on the analysis of types of legal acts, legal and administrative procedures comprising EU regulations, Polish legal acts, Ministry of Regional Development regulations and guidelines, regional/local law, confronted with the consequences for system of EU funding and for potential beneficiaries. The results of the analysis can help to formulate recommendations for improvement in the forthcoming years 2014-2020 that can be useful not only in the Polish case. This particular experience can serve as in-depth case study for countries preparing themselves to join the EU and also provide some lessons for interregional co-operation in the area of regional development and consequences of multilayered law creation.
Opolskie Studia Administracyjno-Prawne, 2017
The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treati...
Społeczność Międzynarodowa w Obliczu Przemian: Ujęcie Wieloaspektowe, 2021
Poland's progressive integration with the European Union has led to the extensive application of EU law within the Polish judiciary. This also applies to other acts of international law. The changes are clearly observed in civil procedure, where new instruments of EU and international law are increasingly applied. At present, in the Polish legal order we can observe 31 civil procedures created under the influence of international law, mainly of the European Union. The aim of their existence is to facilitate foreign turnover, including the creation of civil law effects in international relations. However, the scope of application of the new legal solutions in courts varies greatly. The effects of their application do not always correspond with the assumptions, and the practice of judges and other court employees differs from the normative reality. The main objective of the research was to discover and diagnose the practical application of civil procedure instruments introduced by international, mainly EU, law. Moreover, the essence of the research was to show the judicial practice of applying instruments of supranational civil law. Another important element of the considerations was to trace the scope of application of these procedures, the inclination of Polish courts to use them and the effects of the use of these procedures. The study was carried out on the basis of several research methods, of which the method of analysing the content of statistical materials led the way. The annual reports for 2020 of all district courts and a sample of regional courts in Poland were analysed. The analysis was conducted in terms of the intensity of application of all civil procedures introduced by international law, mainly of the European Union. This research method was complemented by the use of the functional method of examining legal acts, the method of analysing the content of the subject literature and the method of structured interviews (SSI) conducted among Polish advocates and legal advisers. The results of the study are surprising. It showed that Polish courts do not use civil procedures of international origin at all in their judicial practice. Nationwide, less than 1% of civil cases contain a foreign element. Most of the theoretically existing instruments in civil procedure are not known and used in courts. Flawed judicial technical tools also prevent full insight into the scope of application of international procedures. This state of affairs is influenced by macro and micro factors, only the latter of which is easy to eliminate.
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The purpose of this paper is to consider the standard of impartiality promoted by the European Commission regarding the implementation of European Union funds and expressed in particular in identifying and excluding conflicts of interest in terms of the issue of its adequacy at the level of regional programmes in Poland. We attempted to answer the horizontal question of whether and what legal problems are raised by potential inadequacy in this respect and how they can be constructively counteracted. In our study we primarily used the dogmatic-legal method. The findings of our research show that in some situations, the "zealous" implementation of EU standards of impartiality may result in unexpected legal issues, such as in the situation related to the declarations of members of voivodeship boards who are managing authorities of regional programmes. The value of the study lies in its critical and at the same time constructive approach towards the issue of counteracting a possible conflict of interest through declarations of interest by members of voivodeship boards (as the managing institution of the regional programmes financed with EU funds) during the period of the real start of implementation of EU funds by Polish regions in the financial perspective 2021-27.
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The study is devoted to the currently implemented in Poland information and promotion policy related to the European Funds. Since the Polish accession to the European Union (2004), these funds have been one of the most important sources of financial support for the development of the country and its regions. The European funds are of particular importance for the Polish underdeveloped eastern regions, including the Lublin region, on the example of which the author discusses the operation of this policy. A key role in promoting the European Funds is played by provincial governments, not only because their management of information institutions in their areas, but also by their own example of effective managing of aid from the European Union. The author of the study presents the legal basis of this policy, its objectives, tool used for the purpose of this policy and the structure and operation of the Information System of the European Funds in the programming period 2007-2013.
SSRN Electronic Journal, 2014
Well-designed rules of administrative procedure for implementation of EU law and policies will have beneficial effects both for effectiveness of implementation as well as for the realisation of general principles of EU law: A codification of EU administrative procedure law has the potential improve compliance with the rule of law and the principle of legality in the EU, to enhance legal certainty and further the principles of good administration, to simplify the diversity of procedures and make more transparent rights and obligations of individuals and administrations alike. This will not be without effect on increasing the legitimacy of exercise of public powers in the Union. In order to live up to this potential, EU administrative procedure law needs to overcome its fragmentation. So far, each sector-specific legislation, despite addressing common problems, differs with respect to the formulation of procedural provisions. One of the central challenges for regulating EU administrative procedures is finding solutions for the forms of intense procedural cooperation between national and European administrative actors through 'composite procedures' characterised by multi-jurisdictional input into decision-making. The multiplication of composite procedures across the policy fields of the EU, furthering de-central administration of a single legal space under the concept of subsidiarity, currently has the potential of diffusing responsibility and endangering the constitutionally guaranteed right to an effective remedy. The ReNEUAL draft model rules on administrative procedure have been developed and discussed together with lawyers from practice and academia and from all over Europe. They are designed to offer solutions of how to ensure modern, state of the art and tailor-made solutions to the challenges facing implementation of EU law and policies in today's realities of integrated administration.
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