Prywatyzacja a outsourcing zadań państwa. Rozważania teoretycznoprawne
Privtization and outsourcing of state tasks. Theoretical considerations
Author(s): Wawrzyniec SerafinSubject(s): National Economy, Law on Economics, Public Finances
Published by: Akademia Leona Koźmińskiego
Keywords: privatization; outsourcing; tasks; state; law; theory; administration
Summary/Abstract: Widely accepted in polish legal doctrine, classic typology of state tasks privatizationis based on two cathegories: 1) sensu stricte privatization, and 2) sensu largo privatization. The frst one refers to a situation in which state completely withdraws froma given scope of activity, while the latter relates to a situation in which the statecontracts execution of specifed tasks to a non-governmental entity, while retaining the organization role for itself as well as the liability for proper performance ofcontracted tasks. In practice, however there can be observed another, different category of situation in which, from legal perspective, the state is executing its tasks,but yet some specifc actions or processes, which constitute elements of given state taskare contracted to non-governmental entities. Hence it is possible to put the question,whether in this last situation it still allowed to refer to as to state tasks privatizationand if so, is the commonly accepted typology of different types of privatization suffcient for description of all presently observable forms of such privatization. Inauthors humble opinion, classic state tasks privatization typology needs to be complemented by a third category – outsourcing, which also falls within the scope ofactions generally defned as state tasks privatization, however cannot be classifedneither as sensu strico privatization, nor as sensu largo privatization
Journal: Krytyka Prawa
- Issue Year: 9/2017
- Issue No: 1
- Page Range: 134-153
- Page Count: 17
- Language: Polish