Administrative agreement as a Legal Form of Administration in the Light of the System of Implementation of the Structural Funds and the Cohesion Fund by Public Finance Sector Entities

Abstract

Abstract The paper indicates the need to change and modify the definition of “administrative agreement” as a legal form of administration’s activity, constructed still in the legal system of the People’s Republic of Poland and limited by its political conditions and the then organizational structure of public authority. This definition has been functioning until now in administration science textbooks, despite the system changes and new challenges facing public administration connected, among others, with the implementation of EU funds, where this legal form of administration activity plays a particularly important role in the system of distribution of structural and cohesion funds on the territory of the Republic of Poland. This change in the doctrinal definition of an administrative agreement would consist in the fact that, while retaining its other elements, the change would concern the status of entities concluding agreements in regards to their “independence”. The current definition allows for the possibility of concluding such an agreement only with entities independent of each other, not being in the administrative subordination structure. On the other hand, the current legal regulations allow for the possibility of concluding such an agreement between entities that are dependent on each other, whether structurally, functionally or politically, though, for example, the possibility of filling managerial positions by a superior entity in an entity that is a party to such an administrative agreement.