Opinion on the application of law in relation to the possibility of funding the operating
costs of the railway infrastructure manager, referred to in Article 38b. para. 4 of
the Act of 28 March 2003 on Railway Transport Cover Image

Opinia na temat stosowania przepisów prawa dotyczących możliwości finansowania z budżetów jednostek samorządu terytorialnego (województwa) kosztów działalności zarządcy infrastruktury kolejowej, o których mowa w art. 38b ust. 4 ustawy z 28 marca 2003
Opinion on the application of law in relation to the possibility of funding the operating costs of the railway infrastructure manager, referred to in Article 38b. para. 4 of the Act of 28 March 2003 on Railway Transport

Author(s): Monika Korolewska
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: budget ; local government ; subsidies ; railway transport

Summary/Abstract: Under the Act on Public Finances, earmarked subsidies from the budget of the local government unit may be provided for the purpose of financing current operations of the statutorily designated entity. There is no explicit statutory wording in the Act on Railway Transport, however, which may raise doubts as to the existence of the legal basis for the transfer of subsidy from the budget of the province to managers of the railway infrastructure, including railway lines with a range of urban, suburban or regional level. It is also diffcult to find a reason to apply the practice of using an earmarked subsidy from the province budget to fund the operation of manager which cannot be financed from fees for the use of railway infrastructure.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 234-241
  • Page Count: 8
  • Language: Polish
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