Charakter prawny odmowy przyznania środków z Europejskiego Funduszu Rolnego na rzecz Rozwoju Obszarów Wiejskich

Abstract

The aim of this paper is an attempt to evaluate selected procedural issues regulated by the Act of 7 March 2007 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), within the scope of a legal protection of a party to a suit. This paper deals with two different procedural solutions in cases of support for rural development by the EAFRD. Within the first solution the support is given after the administrative proceedings in particular case and finished by the administrative decision. The other solution is of civil character, which means that the support is granted under the agreement between the Managing Authority and the beneficiary, while the administrative act is the source of the obligation. The main focus of the paper is on the act of negative decision on support by the fund. Its legal character and effects in a civil-legal sphere rise some doubts both in the doctrine as well as in judicial decisions made by different organs of state administration and administrative courts. The analysis of provisions of the Polish act allows to draw conclusions on a very complicated legal character of the procedure of support for rural development by the European Agricultural Fund for Rural Development. The implementation of the two different procedural solutions, the administrative and the civil ones, should be assessed critically. The unification, simplification and acceleration of the procedure of support for rural development by using one type of procedural solutions for all activities of Rural Development Program of 2007–2013 should be postulated. This postulate, however cannot be realized without providing the parties with adequate legal protection by the administrative court.