Partnerstwo publiczno-prywatne

Abstract

The public-private partnership is one of the methods by which public authorities may fulfil tasks. The public-private partnership should be construed in a broad sense, as any kind of cooperation between the public and the private sector which aims to serve the broadly understood common good, or as a partnership cooperation to carry out relatively large projects aimed at providing public services. This cooperation has various structural/legal forms and configurations, depending on how advanced an integrated approach to the project is, as well as on the specific character of a given service and the type of services which are to be provided. Pursuant to union law, a public-private partnership can be described as a long-term, contractually regulated cooperation between public authorities and the private sector to carry out public assignments, in which the requisite resources are placed under joint management and project risks are apportioned appropriately on the basis of the risk management skills of the project partners. The purpose of public-private partnership contracts is to enable public authorities to benefit from the design, construction and management skills of private enterprises and, if necessary, from their financial skills. It gives a unique possibility of cooperation between the public and private sector. The special role of PPP is connected with the aspects of innovation and ”green” solutions. PPP is very popular in many EU countries, among others in: France, Germany and the UK. There are great expectations connected with this method in Poland. Since there are many needs in Polish infrastructure sector, it is of crucial importance to get the knowledge and adequate legal regulations refereeing PPP. The key role in PPP is played by economic and financial analyses, the choice of a private partner and the agreement. In this article, the author considers the possibilities of using PPP in Polish practice. There is also essential information about legal solutions in Poland.