Published: 2020-11-26

The Co-Financing Contract: a Special Type of Contract Used by the Polish Agency for Enterprise Development to Grant a Subsidy in the Light of the Concept of an Administrative Agreement in the Polish and German Legal Doctrine. A Case Study

Paweł Sancewicz
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.3.07

Abstract

The aim of this paper is to analyze the contracts used by the Polish Agency of Enterprise Development (PARP) in proceedings for the grant of a financial subsidy. I examined both the civil law contracts and the co-financing contracts PARP has concluded for such proceedings. PARP’s co-financing agreements were compared with the theoretical construction of the Polish administrative contract. PARP’s contracts for the provision of a subsidy (i.e. its co-financing contract and its contract for a subsidy) are characterized by specific features, because the substance of such contracts is governed by Polish public law. Moreover, although there are signs of negotiation and mutual decision-making by the parties in the final versions of these agreements, nonetheless it is quite clear PARP, the administrative entity involved, is the dominant party, with a significant scope of administrative discretion. My analysis of the legal principles PARP employs to grant a subsidy shows that the Polish legislator has created a two-stage procedure, in which the conclusion of the contract for a subsidy is preceded by public administrative proceedings conducted by PARP in the manner generally used by Polish public administrative bodies (viz. the collection of data and presentation of the administrative decision in an official document).

Keywords:

Co-fnancing contract; administrative contract; administrative contract law; PARP (the Polish Agency for Enterprise Development).

Download files

Citation rules

Sancewicz, P. (2020). The Co-Financing Contract: a Special Type of Contract Used by the Polish Agency for Enterprise Development to Grant a Subsidy in the Light of the Concept of an Administrative Agreement in the Polish and German Legal Doctrine. A Case Study. Zeszyty Prawnicze, 20(3), 169–203. https://doi.org/10.21697/zp.2020.20.3.07

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.