ZAKRES PODMIOTOWY UCHWAŁ W SPRAWACH CEN I OPŁAT ZA USŁUGI KOMUNALNE ORAZ ZA KORZYSTANIE Z OBIEKTÓW I URZĄDZEŃ UŻYTECZNOŚCI PUBLICZNEJ
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Date
2003
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Wydział Prawa i Administracji UAM
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SCOPE OF ENTITIES COVERED BY ACTS ON PRICES AND FEES FOR MUNICIPAL SERVICES AND USE OF PUBLIC UTILITIES
Abstract
There is a limited scope of entities covered by the resolutions taken under art. 4 section
2 point 1 of the Polish Act on Municipal Management (ugk). Within this scope there are local
governments implementing the budgetary economy and carrying out municipal functions.
The above mentioned scope also includes joint-stock companies and limited liability companies
that are provincial, county or district legal entities as understood in the local government
legislation. As lex internae, the provisions of the aforesaid resolutions can only be binding for
entities subjected to local governments and remain optional for all other entrepreneurs and citizens as an offer of municipal services. This offer need not be final and as in any other case
it can be modified through negotiations before the contract terminates. Since a resolution
made under art. 4 section 2 point 1 of the Polish Act on Municipal Management is not a local
law act, entities not subject to provincial, county or district organs must not be obliged to
accept any prices or fees and can offer any rates in any course that best suit their needs. It
should be emphasised that management internal resolutions do not provide sufficient grounds
to impose obligations and therefore no one can be forced to follow them except for organisationally
subjected entities.
It remains a separate question whether the citizens of a local government unit will be
able to use services offered by a private competitor, as otherwise a municipal enterprise could
dominate a certain type of services. Lack of such a possibility would mean a direct force
to use the services of municipal enterprises, thus indicating the weakness of the local market
rather than the omnipotence of the local government.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 2, s. 85-106