Odpowiedzialność administracyjna i karna benefi cjentów pomocy z Programu Rozwoju Obszarów Wiejskich

Abstract

Beneficiaries of financial support from the Rural Development Programs and applicants for that support are exposed to different types of liability, regulated by both the EU rules (concerning CAP) and local rules. The article presents these kinds of responsibilities and describes their characteristics. The responsibility of key importance is the one incurred under the provisions of EU law. This involves inter alia the obligation to repay the received support and reduction or exclusion from the support. The application of a specific sanction provided for this type of liability is dependent on „size” of the infringement and the degree of culpability; where the least severe sanctions are imposed regardless of fault (objective responsibility). Furthermore, beneficiaries and applicants for support are liable to the penalty provided for by national law. Author concludes that rules of responsibility in the EU legislation concerning the CAP constitute administrative type responsibility, which is not of a criminal nature, and therefore in the light of the ne bis in idem principle, it is acceptable to use to the same person in connection with the same action both responsibilities, like the penalty laid down in EU regulations concerning CAP and criminal penalties provided for in the rules of criminal law.