Pojęcie zadań użyteczności publicznej w ustawie o gospodarce komunalnej — granice znaczeniowe

Abstrakt

DEFINITION OF PUBLIC UTILITY TASKS IN THE MUNICIPAL SERVICES MANAGEMENT ACT — THE DENOTATION BOUNDARIES

The Municipal Services Management Act includes adefinition of public utility tasks, according to which the factors that distinguish the activity of this sort from other types of activities are: services as the sole type of activity; current and continuous method of performance; meeting the collective needs of the population and the common availability of services. Relating those, generally formulated premises, to actual public tasks of the local self-government often leads to interpretational questions in the field of qualifying those tasks either as public utility tasks or as tasks from beyond the scope of public utility. Solving those problems is not simplified by the legislator, who only occasionally defines the character of self-government’s tasks in the above-mentioned area and on occasions treats types of self-government activities, which do not meet the above-mentioned criteria, as public utility tasks. The aim of this article is to show those, questionable situations as well as to attempt to identify some clear guidelines for the purpose of interpretation of those premises that place the definition of public utility tasks within the system of Polish law.