Ograniczenia realizacji zasady prawa do sądu w systemie zamówień publicznych
Restriction of the Right to a Trial in the Public Procurement System

Summary/Abstract: The right to a trial constitutes one of the fundamentals of a state of law. This right is interpreted not only as a legislator’s obligation to make new laws, but also as a public right of citizens and other entities. It establishes the right to be tried before an independent entity which reaches its decisions based on the current law and guarantees access to court to the public.The right to a trial is universal and should also be applicable in the public procurement system and extend to all entities within it. Nevertheless, the access to courts in the public procurement system might be constricted. The main reasons are the current time-limit for bringing an appeal, the obligation to file an appeal with the National Appeals ChamberPresident before or on the last day of the aforementioned time-limit and the appeal fees, which may prove to be too high for some contractors within the public procurement system to exercise their rights even when making an appeal, and might contribute to the reduction or even elimination of an effective tool from the public procurement system, namely a control of contracting authority’s actions in the public procurement procedures.

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