Public-Law Nature of Public Procurement Law Cover Image

Public-Law Nature of Public Procurement Law
Public-Law Nature of Public Procurement Law

Author(s): Henryk Nowicki
Subject(s): Economy, Law, Constitution, Jurisprudence, Civil Law, Public Finances
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: hybrid procedure; regulatory procedure; Polish Supreme Court; public procurement

Summary/Abstract: The Polish public procurement procedure currently includes the following elements: the proceeding in cases for the award of a public contract, the appeal proceeding in cases for the award of a public contract, the grievance proceeding in cases for the award of a public contract, and the amicable proceeding in cases for the award of a public contract. Naturally, the element all these proceedings have in common is their subject-matter, which covers a public procurement case, but they clearly differ as regards the status of the adjudicating entity. Consequently, the public procurement procedure turns out to be a hybrid procedure, since it assumes combining separate proceedings from the point of view of their nature. Moreover, the public procurement procedure must also be regarded as a regulatory procedure, as it is characterised by properties typical of the regulatory function of the public administration. The Polish Supreme Court effectively exercises judicial supervision over adjudication in public procurement matters.

  • Issue Year: 31/2022
  • Issue No: 4
  • Page Range: 205-220
  • Page Count: 16
  • Language: English