Charakter prawny umowy o dofinansowanie projektu ze środków europejskich w ramach polityki spójności
Legal nature of the contract for co-financing a project from European funds as part of cohesion policy

Summary/Abstract: A contract for co-financing a project is the result of proceedings carried out by administrative bodies to transfer public funds which are supposed to support a specific project. The complete two-stage procedure has been regulated by the legislator using both the administrative and civil law method of regulation. As a result, it is assumed that any proceeding before the authorities is administrative and ends with a civil law contract. However, at each of these stages, public and private law provisions are applied. It is definitely most visible in relation to the concluded contract. Public-law and private-law provisions apply almost equally to this form of administrative activity. This has an impact on the discussion about the nature of the contract. As a result, we can talk about a quasi-private-law contract, which is neither a typical private-law institution, nor can it fully be qualified as a public-law contract. As a consequence, it is compared to various forms of administrative activity, the scope of which, however, remains limited.

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