Gospodarka komunalna — samodzielność gospodarcza jednostek samorządu terytorialnego a interes publiczny

Abstrakt

Municipal economy — economic self-dependence of territorial local government and question of the public interest

The article is devoted to the problem of economic activity of territorial local government municipal economy. Important question is related to the idea called “municipal economy”. It means realiza­tion of “own tasks” by territorial local government. It is also necessary to indicate that in a sphere of economic activity of territorial local government there are two legal dimensions. First of these is an activity connected with the “public utility”. This question means that territorial local government has to supply general needs of all people who live in aparticular part of Poland. Second is linked with activity, which aim is to gain financial profits. The author also especially draws attention to the problem of process of public tasks privatisation. This phenomenon often appears nowadays. It con­sists of atransfer of public tasks from state or territorial local government to private organizations. Another way of mentioned privatisation is only connected with achange of method of realization public tasks but not akind of organization. In that situation state or territorial local government resigns from the public mode of making foregoing tasks and does it in aprivate way, which is relat­ed especially with payments. It is necessary to indicate influence of the public interest on a sphere of economic self-dependence of territorial local government in following dimensions: legal forms of undertaking of economic activity by territorial local government, continuity of economic activity of territorial local government, legal possibility of undertaking economic activity by territorial local government in mentioned above two legal dimensions and — last but not least — the transfer of public tasks from territorial local government to private organizations.