Umowa o koncesję na roboty budowlane lub usługi jako forma prywatyzacji wykonywania zadań publicznych
A concession contract for works or services as a form of privatization of performance of public task

Summary/Abstract: A public administration in accordance with the welfare state conception is obliged to perform more and more public task. A increase of public task is so rapid that public entities are not capable to undertake them in proper way. However, currently as a answer for this problems occur a conception of New Public Management, which depends on transferring performance of public task to private sector. As a example of mentioned conception can be indicated a concession contract for works or services. The contract concession for works or services is dated back from antiquities, but a prototype of current version derive mainly form medieval French law thereof. Furthermore institution of concession has been appeared recently in other western juris- dictions. In Poland legal base for concession provides an act on concession for works or services. Pursuant to this act concession contract is a cooperation between economic operator and pubic entity on the basis of which the public task are performed. What is significant economic operator is liable for most of task and risk associated with the public project, particularly he is liable for economic prosperity of project. Notwithstanding public party bear social responsibility for public task and oversee realization of concession contract. This mentioned model of cooperation between public and private sector is example as effective privatization of performance of public task. It should be noticed that Polish model of concession seems to be a functional privatization of performance of public task.

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