Legal opinion on a bill to amend the Act – Public Procurement Law Cover Image

Opinia prawna o projekcie ustawy o zmianie ustawy – Prawo zamówień publicznych
Legal opinion on a bill to amend the Act – Public Procurement Law

Author(s): Marek Szydło
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; constitution; bill; public procurement;

Summary/Abstract: This opinion provides an assessment of amendments to the Act – Public Procurement Law, prepared by the Polish Academy of Sciences. According to the author, the proposed exclusion from the scope of the Act of contracts (with a value below the EU thresholds) awarded by scientific institutions, i.e. those of purely subjective nature, may be incompatible with EU law and Poland’s Constitution. Additionally, the author addresses other issues proposed in the bill, claiming inter alia that the legislature should determine the method of establishing the limits of a single contract, which would allow to introduce regulations relating to the division of the contract into parts.

  • Issue Year: 2013
  • Issue No: 4
  • Page Range: 117–130
  • Page Count: 14
  • Language: Polish