Scholarly record

THE EVOLUTION OF PUBLIC-PRIVATE PARTNERSHIP AGREEMENT IN POLISH LEGAL SYSTEM

W. Baranowska-Zajac

Abstract

The scientific purpose of the research is, first of all, an analysis of currently in force and previously in force provisions of Polish law, aiming at identifying and pointing out the amendments, which took place in the Polish legal system with regard to an institution of public-private partnership agreement, and thus to show the evolution of the institution of this agreement. Passing an Act of 19 December 2008 concerning public-private partnership (Journal of Laws of 2015, item 696, with amendments) a legislator has decided to grant the legal solutions regarding to public-private partnership agreement a different shape to that of the Act of 28 July 2005 concerning public-private partnership (Journal of Laws of 2005, item 169, with amendments). The second purpose of the research is to determine – through the comparative analysis of currently in force and previously in force Polish regulations regarding public-private partnership agreement – whether the modified form of legal solutions with regard to this agreement is able to make a contribution towards increasing the amount of public-private partnership agreements concluded by and between public entities and private partners, and thereby increasing the effectiveness of the use of public-private partnership as a form to ensure the performance of public tasks. The scientific method that has been applied is primarily the comparative legal method, aiming at comparing currently in force and previously in force provisions of Polish legislation applying to public-private partnership agreement. It was also applied the typical for dogmatic of law - the logical-language analysis of the legal text allowing to carry out a thorough analysis of the content of relevant legal provisions. The last scientific method has been also supplemented by the use of the systemic interpretation and the functional interpretation of legal provisions. The results of the study lead, firstly, to a conclusion that the institution of public-private partnership agreement in the Polish law has – on the basis of two Acts concerning public-private partnership which was passed to date – undergone a significant evolution. Secondly, the introduced amendments of legal solutions with regard to public-private partnership agreement are still not sufficient to ensure and to support the development of the cooperation with public sector and private sector, which is necessary in modern reality of the functioning of public administration.

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