Zmieniające się ramy prawne dopuszczalności zawierania umów przez zamawiających publicznych w UE — uwarunkowania normatywne i systemowe
Ever-increasing restrictions on who public purchasers can contract with — contemporary developments in EU public procurement

Summary/Abstract: The article analyses the ever-growing catalogue of restrictions on the personal scope of participants in the EU public procurement market. The creation of regulations at the EU level related to the requirements that the public finance sector has to impose on contracting parties constitutes a clear limitation of the freedom of contract — a fundamental principle of civil law. The author analysed the restrictions arising from the public procurement system and the sources of additional restrictions occurring outside the public procurement or public finance system, demonstrating an ever-growing list of restrictions in this respect. The interrelation became the basis for an attempt to find answers to the following questions: What kind of competition is relevant in the context of spending public funds applying public procurement law? Is it competition that is maximally open, unrestricted, based on unfettered freedom of choice of the contractor? Or are we talking about competition between companies meeting certain standards? Should there be an entity setting the values in question in addition to the contracting authority, and if so, does it have an unrestricted right to shape their scope and level?

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