Zbiorowe zaopatrzenie w wodę i zbiorowe odprowadzanie ścieków jako zadanie własne gminy

Abstrakt

COLLECTIVE WATER SUPPLY AND COLLECTIVE SEWAGE DISPOSAL AS A COMMUNE’S OWN TASK

The analysis is mainly based on the theoretical issues connected with commune’s own tasks. In this respect, acommune acts on its own behalf and at its own responsibility. The main issues analyzed in the paper are related to the specifics of the water and sewage sector, namely the collective water supply and collective sewage disposal treated as acommune’s own task. The commune’s position in this respect is diverse. In the case law, there is asolid standpoint that acommun’s can be treated as awater and sewage company. Above all, the commune is responsible for the performance of collective water supply and collective sewage disposal. It is also aparty to civil contracts with private entities when it acts on its own behalf or on the behalf of its administrative units. Moreover, the commune’s executive body issues business activity permits for water and sewage companies. Another analyzed issue is the subject and object scope of financing water and sewage facilities. The paper also contains an attempt to indicate the correct legal basis for taking over water and sewage facilities by awater and sewage company, particularly with respect to the Civil Code amendment introducing paragraph 2 to the provision of Art. 49.