Spółki z udziałem Skarbu Państwa – wyzwania prawne i faktyczne
Companies with State Treasury participation – legal and factual challenges

Summary/Abstract: The article discusses companies with State Treasury participation, whose functioning requires rational justification connecting economic activity with the realization of the public interest. A major challenge is optimizing financial results while unequivocally meeting the public interest criterion as a key feature of the state's ownership policy, raising the problem of a uniform understanding of the public interest. The article presents a conceptual and theoretical analysis of the concept of a company with State Treasury participation, discussing the legal basis for their functioning including the reform initiated in 2016, and the most important problems in their activities, particularly their lower efficiency in light of selected economic theories. The analysis points to arbitrariness as a key threat, especially political decisions on substantive and personnel matters not based on solid analyses, which negatively affects such companies, particularly with each change of government. The reform begun in 2016 was a step toward organizing this area and emphasizing the public interest, and applicable legal regulations require rationality of supervisory decisions.

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