Opinia prawna i merytoryczna na temat poselskiego projektu ustawy o zmianie ustawy o utrzymaniu czystości i porządku w gminach
Legal and factual opinion on a Deputies’ bill amending the Act on Maintaining Cleanliness and Order in Municipalities (Sejm Paper No. 343)

Summary/Abstract: The proposed billstrengthens the role of municipalities in deciding on waste management decisionmakingwithin their area. In the authors view, the bill does not violate the constitutionalprinciples of the social market economy or free enterprise. The adoption of theproposed provisions may have considerable impact on the municipal waste collectionmarket, therefore it is worth considering establishing of a longer period of “absence oflaws” (vacatio legis) or adoption of the transitional provisions. It was pointed out thatthe concept of a predominant part of the activity in the field of public services for thelocal government units used in the bill is broader in scope than the requirement ofmore than 80% of activities set out in Directive 2014/24. This may lead to awardinga public contract without a competitive procedure to companies that do not meet therequirements of the Directive.

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