Acta Iuris Stetinensis (Jan 2022)

Definicja legalna beneficjenta środków publicznych wydatkowanych w ramach polityki spójności

  • Robert Talaga

DOI
https://doi.org/10.18276/ais.2022.37-07
Journal volume & issue
Vol. 37

Abstract

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Defining a given concept by the legislator may result in consequences exceeding the scope of application of a single legal act. This is undoubtedly the case with the definition of a beneficiary, which was introduced by national legal provisions. On the one hand, it required taking into account concepts that were universal for the entire legal system. On the other hand, it was limited by the regulations that were applicable to the implementation of specific strategic goals set by individual operational programs. The indicated conditions should be taken into account in the process of interpreting the concept of an entity entitled to benefit from EU funds. At the same time, the legislative structure applied required taking into account claims presented by legal scholars and commentators and judicial decisions. The presented views on the definition of the concept of “beneficiary” used in the framework of the cohesion policy have primarily a descriptive aspect, but they are part of a broader scope of the normative concept of legal interpretation.

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