Choosing the Private Partner for a Public Private Partnership: a European Union Law Perspective on the Polish Practice

A never-abating demand for the improvement of existing infrastructure and the quality of public services continues throughout the European Union, despite the fact that EU governments have long been struggling at all levels to balance their budgets. Consequently, central and local governments are seeking new solutions to relieve such budget pressure, notably towards non-traditional sources of funding, in order to meet their capital and operating needs. One such method involves the formation of collaborations between public authorities and private companies, so-called Public-Private partnerships (PPPs). PPPs pursue financing and operational strategies based on cooperation between public and private bodies that enables the realisation of projects, including funding, political support, risk allocation, ‘know how’ and more. PPPs are widely used around the world, but the legal regulation of this phenomenon remains in its infancy at both European and national levels.