Rozpoznawanie sporów przedumownych z zakresu zamówień publicznych po reaktywowaniu mechanizmów rynkowych
Recognizing pre-contractual disputes in public procurement after the reactivation of market mechanisms

Summary/Abstract: In the transitional period and after the transformation of the system public procurement operated in Poland on the general basis of civil law. Inner regulations and administrative instructions of different types played an important role in its functioning. Slightly delayed Act of Public Procurement of 1994 referred to the domestic Polish regulations being in force in Poland before the Second World War and to the moderate model regulations of the UN. To a lesser extent it reflected more strict European regulations.This situation changed upon coming into force of the Act of Public Procurement Law in 2004. At the beginning disputes arising from awarding contracts (appeal procedures) were settled by contemporary panels of arbiters. Later on there was a permanent arbitration established operating on the basis of conciliation court. Finally, these disputes were assigned to the jurisdiction of the National Appeal Chamber having the status of central government body. The jurisdictional proceeding being held in the National Appeal Chamber has a civil dispute as its subject. It is based on the principles of equality of the participants and the principle of contradiction. Nowadays the only problem is the quality of judgments. It is proposed to improve the functioning of the National Appeal Chamber or to assign the disputes arising from awarding contracts to common courts, that is to assign them to one specialized court with jurisdiction covering the whole territory of the Republic of Poland operating in the framework of prompt proceeding on the basis similar to the proceeding held in the National Appeal Chamber.

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