Odpowiedzialność gminy za infrastrukturę techniczną i jej stan

Abstract

Technical infrastructure as a part of national assets is commonly associated with

the term of indispensable infrastructure, without which normal functioning of

a commune would be impossible. The commune, by realizing its own tasks, fulfi lls

the key needs of the local community, by planning, building and maintaining the

technical infrastructure in the form of roads or sewage networks in a sustainable

condition. Nevertheless, the reality of XXI century Poland is often harsh for the

citizen, as negligence in maintenance leads to the rise of liability on behalf of the 

administrator of the technical infrastructure in question. Moreover, the issue of

revealing who exactly is the administrator is ever the more prevalent, as communes

are able to transfer their own tasks in regard to technical infrastructure onto third

parties, in order to reach, what subjectively is seen as a rise in effi ciency of organization

in relation with the technical infrastructure. In this publication the analysis of

responsibility was conducted, along with an attempt to list exemplary third parties,

which currently manage technical infrastructure. De lege ferenda postulates were

also made, aiming to unify the method of specifying the third party responsible for

a given element of technical infrastructure.