Ocena wpływu rozpoczęcia inwestycji na efekt zachęty w ramach regionalnych programów operacyjnych
Assessment of an impact of the investments commencement on the incentive's effect under the Regional Operational Programmes
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EU funds are an opportunity for many players to develop their business and expand the range of services conducted. Sometimes, however, projects carried out by beneficiaries are a breach of rules, as in accordance with article 8 paragraph 3 of Commission Regulation (EC) No 800/2008, it is assumed that any assistance to entrepreneurs under the regulation may be granted only in case the act exerts the so-called incentive effect. Hence it can be concluded that the incentive effect is a kind of guarantee that the support is essential and necessary for the subject, and without it, the investment would not be executed. The concept of the incentive effect has not been given its legal definition, but in practice it is assumed that the effect is met if the beneficiary before the investment (the applicant for funding) does not take actions related to the investment for which they request funding. However, some beneficiaries are not aware of the fact that the work undertaken or activities related to the planned investment infringe the principle of incentive and exclude the possibility to obtain funding. Often, controlling procedures against managing and intermediate bodies, as well as implementing institutions, find their final act in court. Processing the complaint, administrative courts make the interpretation of the case, with special attention to when and in what circumstances violation of the incentive effect may have occured and whether the managing authority has made a fair and impartial evaluation of the project, implementing transparent rules.
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