Problem pozytywnej dyskryminacji unijnego sektora MŚP w sferze zamówień publicznych w świetle prawa wtórnego UE
The problem of positive discrimination of the EU SME sector in the area of public procurement in the light of the EU secondary legislation

Summary/Abstract: One of the goals of the 2014 amendment to the 2004 Public Procurement Directives was to increase the share of the SME sector in the EU public procurement procedures. This new regulation was in response to the emerging strong tendency of public purchasers to aggregate orders for economies of scale ‒ coupled with the ongoing dominance of incumbents. In the assessment of the EU legislator this threatened a significant reduction of the SME sector’s access to the public procurement market. Counteracting such a situation, legislation aimed at lowering the threshold for access to public procurement by dividing large orders into parts was introduced. This article aims to present a process of modifying the approach of the EU institutions to the participation of the SME sector in the public procurement market. At the same time it is intended to contribute to the discussion on the issue of the practical effectiveness of the rules governing the division of public contracts into lots.

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