Reserved Contracts – Issues of Interpretation and Application of the Public Procurement Law
Reserved Contracts – Issues of Interpretation and Application of the Public Procurement Law
Author(s): Anna Fermus-BobowiecSubject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: public procurement; reserved contracts; social aspects; pro-EU interpretation;
Summary/Abstract: Reserved contracts are a legal instrument that allows the promotion of those economic operators who, as part of their business, pursue also social goals. Pursuant to Article 22 (2) of the Act of 29 January 2004 – Public Procurement Law (Journal of Laws 2018, item 1986 as amended), they may only be applied for by sheltered workshops and other economic operators whose activities include the social and professional integration of members of socially marginalised groups. Unfortunately, the use of reserved contracts is in practice marginal, which is also caused by difficulties in interpretation of national laws. The article discusses the institution of reserved contracts and the terms of application thereof, in the context of the EU legislation.
Journal: Studia Iuridica Lublinensia
- Issue Year: 28/2019
- Issue No: 1
- Page Range: 25-38
- Page Count: 14
- Language: English