The issue of the abuse of the law by beneficiaries of the Common Agricultural Policy (creating artificial conditions in order to receive financial assistance)

Author/s Przemyslaw Litwiniuk
Publishing Year 2015 Issue 2013/1-2 Language Italian
Pages 17 P. 29-45 File size 96 KB
DOI 10.3280/AIM2013-001003
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The construction of the abuse of the law is defined through the academic bases of the European law as well as the legal systems of the EU member states. Therefore this paper attempts to analyse the presented as an instance of abusing the law clause of “creating artificial conditions” by beneficiaries of the Cap in the light of the jurisprudence of the European Court of Justice and Polish national courts. It has been determined that the concept of creating artificial conditions requires the following to be identified: the objective element understood as the activity was not carried out according to the economic goal defined by the EU assistance programme, but only with the aim of attaining from the EU budget financial assistance; the subjective element based on proving the existence of the beneficiaries’ will to conduct the activity solely for financial gains divergent from the aim of the EU regulations as well as the element of the procedural law pertaining to the burden of proof which rests on the proper administrative body. It has been estimated that the standards of the EU law and national legislation in this field display quite significant deficit in the implementation of specifity of the legal provisions, which must be treated as a threat resulting from the breach of article 2 of the Polish Constitution on the principle of the citizen’s trust in the state as well as on the certainty of the economic turnover.

Keywords: Abusing Law, Artificial Conditions, Common Agricultural Policy.

Przemyslaw Litwiniuk, Abuso di diritto da parte del beneficiario della Politica agricola comune (creazione di condizioni artificiali al fine di ricevere assistenza finanziaria) in "AGRICOLTURA ISTITUZIONI MERCATI " 1-2/2013, pp 29-45, DOI: 10.3280/AIM2013-001003