Public Entities

  • Special Participants of legal transactions

Public Entities

We provide support to Public Entities: public-sector entities, municipal companies, administrative bodies – special participants of legal transactions with specific needs of which we are perfectly aware.

Many years of experience acquired by the Partners of Kancelaria, including in the assessment and design of actions by local authorities and other public entities, allow us to comprehensively support them in difficult matters.

We understand problems with interpreting the provisions of regional or local government acts and of other public laws, e.g. the Municipal Government Act, the Municipal Management Act, the Real Estate Management Act, the Collective Public Transport Act, the Act on the Maintenance of Cleanliness and Order in Municipalities, the Public Procurement Law Act, the Public Works and Service Concession Act, the Public-Private Partnership Act, the Act on Liability for the Infringement of Fiscal Discipline, etc.

The relevant experience of our lawyers includes in particular:

  • preparation of expert opinions in the field of substantive administrative law as well as of administrative and administrative judicial procedures,
  • representation of the Clients in proceedings before public administrative bodies and administrative courts,
  • drafting of local legislation,
  • carrying out of transactions concerning municipal property management, including those undertaken on the basis of the provision of the Real Estate Management Act (in particular the exchange of real estate),
  • preparation and verification of the legal parts of tender documentation (Terms of Reference, i.e. SIWZ in Polish, including IDW – Instructions for Contractors, contract notices and public contracts),
  • conducting, as a comprehensive adviser or agent, procedures for the award of public contracts,
  • evaluation of the grounds for claims from congregations for real estate restitution and other re-privatisation claims,
  • assessment of the nature of entitlements of specific tenants and lessees to municipal real estate and to the State Treasury property, the so-called ‘preference rights’,
  • issuing opinions on the admissibility of undertaking by the ‘public’ Clients specific civil-law transactions under the Municipal Management Act and other separate provisions,
  • representation of the Clients in proceedings concerning the purchase of the so-called ‘company dwellings’ and municipal dwellings (enfranchisement),
  • issuing opinions on contracts for the lease of ponds for one of the regional water management authorities,
  • verification of the validity and effectiveness of long-term contracts concluded by ‘public’ entities prior to the entry into force of the Public Procurement Law Act and over a certain time span,
  • determination of the methods for contracting certain municipal management tasks to private undertakings, including municipal cemetery management,
  • examination of the obligation to classify commercial companies as entities referred to in Article 3(1)(3) of the Public Procurement Law Act (special entities),
  • supporting the ‘public’ Clients in the fulfilment of the obligation to provide information to third parties under the Access to Public Information Act,
  • issuing opinions on the application by regional and local authorities of the Collective Public Transport Act,
  • assessment of the scope of application by local authorities of the Act on the Maintenance of Cleanliness and Order in Municipalities and of the consequences of infringements thereof,
  • issuing opinions on the correctness of specific actions taken by the Clients under the Act on Liability for the Infringement of Fiscal Discipline,
  • assessment of the correctness of the municipal property management,
  • assessment of admissible forms of the joint performance of tasks by ‘public’ entities,
  • issuing opinions on: the manner in which public funds are spent (determination of the eligibility of expenditure and of sanctions for ineligibility) – under the Operational Programme Human Capital (PO KL), forms of establishing cooperation between beneficiaries of various types and other entities – under the Operational Programme Infrastructure and Environment (POIiŚ), as well as concepts for obtaining co-financing (project completed by obtaining funds of several dozen million zlotys) – under the Wielkopolska Regional Operational Programme (WRPO),
  • preparation of concepts of cooperation between public and private entities in the form of works or service concessions and public-private partnership in projects with budgets estimated at several dozen million zlotys.