Ewolucja oraz znaczenie środków ochrony prawnej i organu pierwszej instancji w prawie zamówień publicznych – wybrane zagadnienia
The evolution and importance of remedies and authority of first instance in public procurement law – selected issues

Summary/Abstract: This article is an analysis of the law, doctrinal views and case law on the issueof legal remedies and the bodies competent to review them (in particular the NationalAppeal Chamber) in public procurement law. The aim of the study is to explore themeaning and principles of appeal proceedings in public procurement law, trends inthe development of legal remedies, their guarantees and assumptions, prerequisitesof admissibility. In addition, the text analyses the National Appeal Chamber in termsof the nature, emergence and some of its competences in resolving disputes. Thework emphasises the contemporary significance of legal remedies and the prerequi-sites of their effectiveness in the public procurement law 2019, which are: qualifiedinfringement of the contractor’s interest in obtaining the contract and incurringor possibility of incurring damage by the contractor as a result of the contractingauthority’s non-compliant action. The academic work, on the basis of its analysis ofcertain provisions of the public procurement law and the doctrine, emphasises thatthe comparison of the nature of the market and the awarding of public contracts andthe individual solutions arising from the Act, as a rule, meets the assumptions andobligations imposed on the National Board of Appeal and remains in line with andsatisfies the fundamental guarantees of legal remedies.

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