Charakterystyka środków ochrony prawnej przewidzianych przepisami ustawy Prawo zamówień publicznych
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Date
2014
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
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Characteristics of the remedies provided under the Public Procurement Law
Abstract
Analysis of the legal nature of the remedies provided by public procurement law
aims to introduce the basic problems and identify ways to overcome them. In
addition, the basic arrangement of institutions of both the public interest and the
private interest to correctly understand the practical problems. Analysis of legal
protection is not possible without an indication of the characteristics of the ruling
body which is the National Chamber of Appeal (KIO). In the literature are presented
two diff erent ways of classifying the indicated institutions. The solution to
this initial question allows to determine whether the proceedings by the KIO has
administrative or civil nature. To assess the legal status of the KIO requires a reference
to both the achievements of EU law and national law including constitutional
law. Legal remedies provided by law cited includes two institutions: the appeal and
complaint. The fi rst of the indicated remedies considered by a specialized institution,
the KIO. The judgments and orders terminating the appeal issued by the KIO to
the parties and participants of the appeal may be appealed against to the district
court having jurisdiction over the registered offi ce or place of residence of the contracting
authority. Through the indicated property highlights the hybrid nature of
the procedure which makes use of the provisions on legal institutions from other
procedures, administrative and civil liability. Heterogeneity of the procedures can
also result in a interpretation’s problem in the regulation which does not explicitly
expressed in legal texts and has to be inferred from other norms. Specifi c inconsistency
of legal protection established on the basis of the public procurement system is
vindicated furthermore diff erent regulations in this regard, the Act on Concessions
for Construction works and services which is considered to be a directory, set the
shaping system of public procurement law in Poland. It issues were also analyzed
in terms of constitutional doubt what makes eff ective regulation.
Description
Sponsor
Keywords
public procurement law, legal protection, KIO, the hybrid procedure
Citation
Studia Prawa Publicznego, 2014, Nr 4 (8), s. 129-155
ISBN
978-83-232-2828-8