Entrusted tasks

From Encyklopedia Administracji Publicznej

ENTRUSTED TASKS – public tasks transferred by government administration or local-government units to other entities. This may include: 1. entrusting tasks within public administration – e.g., tasks of government administration to local-government administration entities (municipalities, counties), 2. entrusting tasks to entities outside public administration – e.g., business partners or non-governmental organisations, 3. entrusting tasks by one local-government entity to another – for example, counties to municipalities. These tasks are transferred by means of an individual act of a public-legal nature (e.g., concession, administrative agreement) or private law (contract). One of the elements of transferring tasks is also an agreement on the financing of the task. The transferring authority may entrust only such a task to which it has competence and may delegate it to such an entity that will have the competence and ability to carry it out. The accepting entity must give its consent to perform the task, and the rules of its implementation and enforcement should be determined by the concluded agreement. The entity entrusting the task can contract it (e.g., certain services) and pay for it, it can also give a grant for financing or co-financing a given task. In the selection of partners from the outside of the public sector, the public procurement procedure or competition mode is used, so that entities interested in undertaking the task have equal chance of receiving it (along with the possibility of obtaining benefits in this way) and that the principles of fair competition are respected. A special form of entrusting tasks is a → public-private partnership, which, for example, allows the necessary investments to be made using the resources held by private partners, while allowing them to earn a profit. The public-law responsibility for the performed task is borne by the public commissioning entity, private or social entity is liable under civil law (→ public tasks) [ A. Jarosz ].

Literature: H. Izdebski, Samorząd terytorialny. Podstawy ustroju i działalności [Local government. The fundamentals of the system and activity], Warszawa 2009 ■ E. Ura, Prawo administracyjne [Administrative law], Warszawa 2010 ■ J. Zimmermann, Prawo administracyjne [Administrative law], Warszawa 2016.