Specyfika wykładni definicji legalnej „instytucji zarządzającej” zawartej w ustawie o zasadach realizacji programów operacyjnych
The Specificity of the Interpretation of the Legal Definition of the “Managing Authority” Contained in the Act on the Principles of Implementation of Operational Programs

Summary/Abstract: Cohesion policy is one of the key areas coordinated by the European Union, taking into account the conditions of all Member States. In addition to the generally applicable EU rules of a framework nature, in the same area, the Member States are entitled to adopt their own national rules of a complementary nature. Both legal systems contain legal definitions of “managing authority”. In this respect, Polish national regulations contain legal definitions that directly refer to EU regulations. Such a construction seems to be correct according to the legislation rules. The consequence of such a situation is the need to take into account the specificity of EU law both by national administrative bodies and by courts. In particular, it is necessary to take into account the direct effectiveness of the provisions of the EU regulation, which can be applied in all Member States without implementation. In such systemic circumstances, the purpose of this article is to present the rules that should be followed when applying the legal definition of the “managing authority” responsible for the distribution of European funds. In this regard, the use of the legal-dogmatic method was adopted as appropriate for the analysis of the provisions, jurisprudence and literature.

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