Would Amendments From 2018 In The Act On Public-Private Partnership Affect The Increase Of The Scope Of Performance Of Public Tasks In Public-Private Partnership Formula In Poland?

• Author: Wioleta Baranowska-Zajac
• Pages: 242-253

WOULD AMENDMENTS FROM 2018 IN THE ACT ON PUBLIC-PRIVATE

PARTNERSHIP AFFECT THE INCREASE OF THE SCOPE OF

PERFORMANCE OF PUBLIC TASKS IN PUBLIC-PRIVATE

PARTNERSHIP FORMULA IN POLAND?

Assistant professor Wioleta BARANOWSKA-ZAJĄC1

Abstract

Public-private partnership is one of the forms of cooperation between public entities and non-public sector

entities, undertaken on the basis of an agreement for the performance of public tasks. Such a coop eration 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 creates a barrier to

the development of cooperation between public sector and private sector. The Polish Act of 28 July 2005 and another Act

of 19 December 2008 concerning public-private partnership, proved to be ineffective for real and efficient implementation

of public tasks in the analyzed formula. The provisions of the latter Act do not, ho wever, lead to significant increase in

the number of agreements concerning public-private partnership. Through the amendment of 5 July 2018 there were

made in the Act of 2008 some significant changes, starting from definition of p ublic-private partnership, introducing the

obligation for public entity to assess the effectiveness of the implementation of undertaking under public-private

partnership as compared to effectiveness of its otherwise, criteria for the selection of a partner, the p ossibility of

concluding public-private p artnership agreement with a subsidiary o f private partner, control of partnership, up to the

partnership in the form of company and the task of public administration body established as competent in partnership

matters. The purpose of the study is to analyze the amendments in the Act of 2008 concerning public -private partnership

and attempt to assess the impact of these amendments on the efficiency, effectiveness and speed of public administration

tasks, as well as to examine if these amen dments are able to lead to significant increase in the number of agreements on

public-private partnership concluded by central administrative bodies , as well as local selh-government units.

Keywords: public-private partnership, amendments in the act, efficiency, effectiven ess, public tasks.

JEL Classification: H83, K23

1. Introduction

In the realities of modern public administration, including self-government administration,

struggling with insufficient funds for the implementation of numerous public tasks, a possibility of

the use public-private partnership formula as one of the forms of assignment the public tasks seem to

be extremely important. Due to the fact that modern public administration is unable to efficiently and

effectively perform all its tasks in the classical forms, also due to the increasing number of various

tasks to be performed and the increasing costs of their implementation, it has been sought new legal

solutions, which give rise to the transfer of some public tasks to private entities. One of

aforementioned solution is public-private partnership, which is a form of cooperation between the

public sector and the private sector in order to realize widely understood public tasks2, undertaken on

the basis of an agreement for the performance of public tasks. Such a cooperation 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 sector3.

1 Wioleta Baranowska-Zając - Department of the Law of Local Self-Government, Faculty of Law and Administration, University of

Szczecin, Poland, wioleta.baranowska-zajac@usz.edu.pl.

2 K. Płonka-Bielanin, Partnerstwo publiczno-prywatne jako forma współpracy między sektorem publicznym a sektorem prywatnym w

zakresie realizacji zadań publicznych [in:] B. Dolnicki (ed.), Sposoby realizacji zadań publicznych, Warsaw 2016, p. 580-581, see also

A. Miruć, Partnerstwo publiczno-prywatne jako sposób realizacji zadań publicznych [in:] J. Zimmermann (ed.), Koncepcja systemu

prawa administracyjnego, Warsaw 2007, p. 473, K. Bandarzewski, Prywatyzacja zadań publicznych [in:] J. Zimmermann (ed.),

Koncepcja systemu prawa administracyjnego, Warsaw 2007, p. 341.

3 See W. Baranowska-Zając, Public-Private Partnership as Form of the Performance of Tasks of Local Government Units in the Light

of Polish Law [in:] 4th International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM 2017. Modern Science.

Conference Proceedings. Vol. II. Political Sciences. Law, Albena Co., Sofia 2017, p. 631 and p. 637.