Abstract
<p>The aim of this article is to present relationships between the institutions of public-private partnership and mediation under Polish law. To this end, both the legal and non-legal nature of public-private partnership needs to be presented in detail. This institution is usually applied in a specific system of social demand for specific infrastructure, equipment or services. The dialogue pursued in this respect at the level of local community as part of relations of this community with local authorities and under formal procedures between the authorities and a private entity or entities interested in cooperation in a public-private partnership may lead to the initiation of mediation or quasi-mediation.</p>
Highlights
Contemporary legal institutions and related forms of legal decision-making have increasingly departed from traditional and well-established patterns of classical decision-making processes1
C that according to the “Government policy for the development of public-private partnership” adopted on 26 July 2017 by the Polish Council of Ministers, at least 100 new private partnerships’ (PPPs) agreements will be concluded in the public sector by the end of 2020, and the value of projects to be accomplished in this formula will amount to at least 5% of the total investment expenditure in the public sector9
Pursuant to Article 2 Point 4 of the PPP Act, the very term ‘project’ is understood as: a) construction or refurbishment of a building or structure, b) provision of services, c) performance of a work, in particular equipping an asset with devices increasing its value and use, or d) other consideration – combined with maintenance or management of the asset that is used for implementation of the public-private partnership project or related to it. See Article 7 Item 1 of the PPP Act
Summary
Contemporary legal institutions and related forms of legal decision-making have increasingly departed from traditional and well-established patterns of classical decision-making processes. Pursuant to Article 2 Point 4 of the PPP Act, the very term ‘project’ is understood as: a) construction or refurbishment of a building or structure, b) provision of services, c) performance of a work, in particular equipping an asset with devices increasing its value and use, or d) other consideration (service) – combined with maintenance or management of the asset that is used for implementation of the public-private partnership project or related to it. This means that the remuneration payable for the private party is not charged once after the investment task has been completed, but is paid in tranches during the whole term of the PPP agreement, and its final amount depends on whether an adequate ‘accessibility standard’ of the produced asset is ensured or on whether users use the services provided under the PPP contract, paying fees directly to the undertaking acting as a private partner/concessionaire This specific method of being paid is determined by longer terms of PPP contracts in comparison to classic public procurement contracts. At each stage of implementation of a PPP project, it is possible to identify described below areas where the institution of mediation (or variations thereof) can be applied
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