Polish Act of 19 December 2008 on Public-Private Partnership

Polish Act on Public-Private Partnership has been adopted at 19 December, 2008. The first act devoted in its entirety to public – private partnerships was the Public – Private Partnership Act passed on 28 July 2005. The reason behind the introduction of the Public - Private Partnership Act into the Polish legal system was to increase the number of projects carried out by the public sector by providing an optimal legal framework for public projects in which private partners participate. The Act was also to remove obstacles which caused that projects whose aim was to provide public services carried a substantial risk to both parties.

Furthermore, the Act was to educate and inform both public and private sector. The cooperation to provide public services based on the provisions of the Act was to - like in other countries - ensure that public services are provided efficiently and that they are provided according to the rules which are advantageous for both public and private partners. The Act - for the first time in Polish law - institutionalised the partnership (cooperation) between public partners and private partners whose aim was to provide public services. However, public - private partnerships as a form of providing public services were relatively rarely adopted in Polish economy. There were, undoubtedly, several reasons behind this. The first one was that public partners were not prepared in practice to adopt this new method to provide public services.

Lack of experience and frequently lack of basic knowledge on how public -private partnerships operate resulted in an inability to make a decision to engage in them. The next reason was that local government bodies were not supported by lawyers and economists specialising in public - private partnerships. The flaws of the 2005 Act were yet another reason why public - private partnerships were not established. The main flaws were as follows: the key notions such as public services or criteria specifying advantages to the public interest were not clarified. Another serious drawback was that the provisions of the Act were not coherent.

As a result of legislative work, another Public – Private Partnership Act was passed on 19 December 2008. This Act significantly simplifies the procedure for the conclusion of contracts to provide public services and severely limits the influence of public partners on the projects undertaken together. The amendments introduced by the 2008 Act clearly aim at making the rules of cooperation between public and private partners more liberal.

Invitation to Transatlantic conference on effective contract administration and dispute resolution – keys to innovation and environmental sustainability in public procurement practice

John Pachter's presentation Dispute resolution and bid protest in U.S. - Transatlantic conference on effective contract administration and dispute resolution – keys to innovation and environmental sustainability in public procurement practice

What an EU Practitioner Needs to Know about U.S. Government Contracting, Paper written by John S. Pachter, Smith Pachter McWhorter PLC

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