The significance of autonomous interpretation of the term ‘beneficiary’ for the EU funds management system under the Cohesion Policy
The significance of autonomous interpretation of the term ‘beneficiary’ for the EU funds management system under the Cohesion Policy

Summary/Abstract: The adoption of the EU budget involves drafting EU regulations that provide a uniform framework for spending the allocated funds. This was the case in the current period of programming EU funds, which are spent pursuant to regulations that are directly binding in all Member States. The Polish legislator has introduced domestic regulations accommodating various legal definitions, including the term 'beneficiary,' which essentially refers to provisions laid down in EU regulations. Consequently, this means that EU laws subject to the officially binding interpretation of the Court of Justice should be applied accordingly. Previous decisions addressing both the rights and obligations of the 'beneficiary' must be recognized as at least substantiated for the needs of implementing the Cohesion Policy.This article aims to analyze and assess the practice of implementing the term 'beneficiary' in the European Union from the perspective of European Union law in the context of Cohesion Policy. The analysis considers present Polish legislative changes that followed the changes at the Union level in the area of Cohesion Policy concerning the term 'beneficiary.' The author mainly uses the formal-dogmatic method typical of law studies and analyzes the case-law concerning the term 'beneficiary' in Cohesion Policy, relying on judgments of the Court of Justice of the European Union.The assessment includes only relevant judgments issued by the European Court of Justice, which still play a significant role in present legislative changes driven at the Union level regarding Cohesion Policy. This text provides an overview of the general requirements for implementing European Law in accordance with the basic standards construed by the European Court of Justice. The paper deals with the autonomous interpretation of the term 'beneficiary' in the procedure of distributing EU funds in the field of Cohesion Policy. The author indicates the applicable interpretation of the scope of the term 'beneficiary' and outlines how state administration bodies in the domestic legal system are charged with enforcing the term 'beneficiary.'In conclusion, the author points out that the European Court of Justice did not directly construe the legal definition 'beneficiary' existing in European law. However, the optimal functioning of administrative bodies of Member States should take into consideration some judgments of ECJ concerning the aforementioned term. Such proceedings can be helpful in adjusting the legal system of implementation of Cohesion Policy in every Member State. More precisely, such proceedings are necessary to adapt appropriately the provisions of the legislative changes existing in the present EU regulation on the Cohesion Policy. In consequence, it can also eliminate potential administrative barriers and give more protection to the actors applying for EU grants.

• Details
• Contents