Skuteczność ochrony prawnej uprawnionych do korzystania ze środków Europejskiego Funduszu Rolnego na rzecz Rozwoju Obszarów Wiejskich

Abstract

The granting of financial assistance from the European Agricultural Fund for Rural Development is performed by means of either an administrative decision or a civil law contract. From the legal perspective, the refusal to grant assistance under a contract is not a typical administrative decision. It has the form of an administrative act in the meaning of Article 3 section 2 point 4 of the Law on Proceedings before Administrative Courts. The above mentioned provision guarantees the person interested in financial assistance the judicial-administrative protection equivalent to that in a case of administrative decision. Furthermore, in some cases this protection is even wider; e.g. when the administrative Court recognises the entitlement to financial assistance in a judgment passed pursuant to Article 146 section 2 of the above mentioned Law. This kind of entitlement is accompanied by the obligation of a State Agency to grant the assistance to the farmer. In a case when fulfilling of the obligation has the form of a contract, the beneficiary can claim its conclusion, e.g. pursuant to Article 64 of the Civil Code.