Umowa o budowę i eksploatację autostrady
The contract on motorway building and exploitation. points of law

Summary/Abstract: The development of motorway infrastructure is one of the basic public tasks of the state (tasks serving to satisfy collective needs and interests of all citizens) due to its contribution to providing smooth and save transport. Consequently, it significantly imparts dynamism to economic development of particular regions of the country as well as intensifies economic and trade cooperation with other countries. The Law of 27th October, 1994 on Toll Motorways is a helpful instrument in implementing investment of such a type. The act comprises issues concerning building and financing toll motorways in Poland. These problems are the topic of the present paper, which thoroughly analyses all situations connected with the contract on toll motorway building and exploitation or exclusively exploitation. A vast part of the paper is devoted to individuals (who in a, so called, ‘process of public tasks privatisation’ were given the functions of public administrative agencies in the scope of motorway building) as well as to different legal forms of assigning these tasks, but particularly to the analysis of legal nature of the contract on toll motorway building and exploitation or exclusively exploitation, which replaced both the existing to date licence and the licence contract. It is worth noticing that ‘toll motorway building and exploitation or exclusively exploitation’ does not occur in the catalogue of licensed fields of business activities any more. Instead of the necessity for receiving a toll motorway building and exploitation licence, they introduced an instrument of a civil contract made between the minister proper of transport affairs and a specified association of capital. The legislator decided that this contract can be one of the basic legal forms, which the state will be fulfilling tasks with in the scope of the development of the network of motorways in Poland. Taking into consideration the negative experience in this field of the licence system, the resignation from public law forms of activity, which set unnecessary limits for administrative agencies as well as entrepreneurs, will undoubtedly increase the situation when legal relations between road administration and a building and exploiting company will be more flexible, efficient and free. It also seems that it will be easier to adjust their content to certain conditions, not forgetting, at the same time, about the maximum protection of the public interest involved. Thus, the contract dividing the risk of building a motorway between the state and an individual will allow us to determine more precise rules of mutual cooperation and participation of both parties in such ventures.

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