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Prof. dr hab. Maciej Perkowski
ORCID: 0000-0002-3909-3967

Professor, habilitated doctor of legal sciences; head of the Department of Public International and European Law, Faculty of Law, University of Bialystok; member of the Scientific Council for local government law at the Chancellery of the Prime Minister; advisor to the regional government in the field of European funds, including negotiations with the European Commission; manager of Europe Direct Podlaskie; he specializes in, among others: the area of international law, EU law, EU funds, regional development, as well as in the field of international cooperation of local government.

 
DOI: 10.33226/0137-5490.2024.10.2
JEL: G38, K39

The aim of this study was to present research results on the durability of projects in the context of EU and national regulations in force both in the financial perspectives for 2014–2020 and 2021–2027. In both analysed programming periods, the legal basis for the principle of durability is provided by EU regulations, i.e. Art. 71 of Regulation 1303/2013 and Art. 65 of Regulation 2021/1060. The main disadvantage of these regulations is the use of a phrase that allows for a violation of the principle of durability in a situation where a change that significantly affects the nature, objectives or conditions of implementation of the project may lead to a violation of the original objectives of the project. The consequence of this construction of the provisions referred to is the possibility of assigning full responsibility to the beneficiaries for failure to maintain the durability period in the event of only a probability that such a change actually occurred. In its jurisprudence, the Supreme Administrative Court expressed the view that in certain situations resulting in a violation of the principle of durability, the refund of a specific amount of project funding from EU funds should be waived.

Keywords: project durability; EU funds; cohesion policy; beneficiaries