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Alternative title:

Legal classification of the private-public partnership contract in the light of Administrative Courts’ Judicature

Subject and Keywords:

legal classification   private-public contract   administrative court's judicature

Description:

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

Abstract:

This article is acontinuation of Professor Bożena Popowska’s research started in 2006 on private-public partnership PPP. This mentioned research has been conducted due to cooperation between Department of Public Economic Law at Adam Mickiewicz University in Poznań and Department of Public Economic Law at Wrocław University.The author points out that PPP contracts are concluded in many different legal ways. To mention the Act of 9 January 2009 on the licenses on public constructions or services, or the Act of 29 January 2009 on public procurement.The Act of 19 December 2008 on PPP, Art. 4 sec. 3, provides for apossibility of choosing the way of concluding of aPPP contract by the public party. However, that must be conducted in amanner that guarantees free and fair economic competition, transparency and proportionality.The way of choosing private partner depends on the mode of payment for the goods or services. Moreover, it directly determines the means and the scope of control over the PPP contract. Generally, the PPP contracts are overseen by the regular courts. The administrative courts may only verify the choice in terms of the best bid economic efficiency.The article touches upon problems of the definition of PPP and the legal characteristics of the PPP contract as such. In this mentioned area the author presents both the doctrine and the judicature under the 2009 Act on PPP.

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. 91-106

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.