Scholarly record

PUBLIC-PRIVATE PARTNERSHIP AS FORM OF THE PERFORMANCE OF TASKS OF LOCAL GOVERNMENT UNITS IN THE LIGHT OF POLISH LAW

W. Baranowska-Zajac

Abstract

The scientific purpose of the research is, first of all, the analysis of Polish legal provisions aiming to determine whether the institution of public-private partnership, regulated by these provisions – as one of contemporary applied method of performing of public tasks – affects the efficiency, effectiveness and speed of public administration tasks, including the tasks of local government units. The Polish Act of 28 July 2005 concerning public-private partnership (Journal of Laws of 2005, item 169, with amendments), which was previously in force in this matter, proved to be ineffective for real and efficient implementation of public tasks in the analyzed formula. As a result it was replaced by another Act of 19 December 2008 concerning public-private partnership (Journal of Laws of 2015, item 696, with amendments). The application of the latter Act does not however lead to significant increase in the number of contracts concerning public-private partnership concluded, in particular such contracts concluded by local government units, so far. The second purpose of the research is to identify and to settle - through analysis of Polish law and also the legal provisions of the European Union and the legal provisions of selected European countries - the key problems arising from the commissioning of tasks of local government units according to the formula of public-private partnership and to make de lege ferenda demands. The scientific method that has been applied is based on dogmatic scientific research and the typical for dogmatic of law - the logical-language analysis of legal text. Such a research method allows to carry out a thorough analysis of the content of relevant legal provisions. That scientific method has been supplemented by the use of the systemic interpretation and the functional interpretation, as well as the comparative legal method. The results of the study lead, firstly, to a conclusion that cooperation under a contract for the performance of tasks related to municipal management, concluded by local government units and non-public entities, is covered by a strictly defined legal framework, which guarantees on the one hand the achievement of public law objectives and makes a guarantee of the protection of public interest. On the other hand, however such legal framework create a barrier to the development of cooperation between public sector and private sector, which is necessary in the modern reality of public administration. Secondly, due to the interdisciplinary nature of the implementation of public-private partnership projects, which is the reason for the circumstance that public-private partnership is a challenge for both a public sector and a private investors, as well as due to the risks that both public and private entity faces, the search for an optimal normative model for commissioning public tasks in the subjective mode seems particularly important.

Publication details

Back to publication list