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Alternative title:

Common interest as a reason for the cooperation of public and private entities in the area of municipal services

Subject and Keywords:

municipal services   public entities   private entities   common interest

Description:

Tyt. tomu: Współdziałanie podmiotów publicznych i prywatnych w sferze gospodarki komunalnej

Abstract:

This study addresses legal issues concerning cooperation between local governmental authorities and private entrepreneurs in the field of fulfilling public tasks. Current regulations allow for transferring by way of cooperation certain municipal services tasks to external entities. The legal framework for the transfer is acivil law contract. The contracting parties are: alocal governmental body, being the entity responsible for and obligated to perform municipal services tasks, and a private entrepreneur conducting its business activity within the economic freedoms resulting from the constitutional principle of the free economic activity. Cooperation between public and private entities is an expression of atrend to optimise the provision of municipal services. The state, which is the guarantor of the proper fulfilment of public needs, is obligated to secure continuous supervision of the effects of privatising public tasks. The major factor in assessing the proper fulfilment of public needs is acategory of public welfare as an element of the common interest. At the same time the narrowly defined common interest constitutes afoundation for the arrangements that govern the performance of public tasks of local authorities together with private entrepreneurs, in accordance with the principles of mutual benefits and efficiency.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2014

Date copyrighted:

2014

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3555. Przegląd Prawa i Administracji, ISSN 0137-1134, 2014, 98, s. 13-23

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.