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
SUMMARY

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 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... (see full summary)

 
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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.

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