Principles of public private partnership financing: A Polish experience

Public private partnership investment projects are growing in size globally as governments cannot afford to finance all essential investment. In the conditions of limited public budget, the government restricts itself to supervisory role and concentrates on creating new opportunities and profitable conditions for private investors. Among others, it is well prepared PPP law, that is advantageous to better structured deals and may contribute to a more reliable, transparent and efficient investment process. Public-private partnership is based on contracts strongly influenced by different historical legal traditions. In Polish circumstances, the public private cooperation may merely be based on Municipal Management Act, which allows cooperation along with another basic regulations. There is also a comprehensive legislation for public-private partnership in Poland. The relatively new legal framework include Public-Private Partnership Law and Concession Law. These new two regulations shows a number of advantages for cooperation of public and private entities. The most important is the broader possibility of involving a private partner, the transfer of part of the risk to the private partner, flexibility in private partner selection, explicitly stated possibility of public assets ownership rights and taxation preferences. The aim of the study is to compare these relatively new two legal dimensions of PPP law in Poland and analyze its practical consequences. Hence, its results should be useful for both public real estate managers searching for partners and private investors looking for opportunities. The research includes studies of appropriate regulation and projects documentation. Research methods consisted of logical concluding, induction and comparison. This research will be conducted as qualitative research with interviews, with a review of selected case studies.