The Polish Supreme Court in the Public Procurement Procedure
The Polish public procurement procedure currently includes the following elements: the proceeding in cases for the award of a public contract, the appeal proceeding in cases for the award of a public contract, the grievance proceeding in cases for the award of a public contract, and the amicable pro...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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Maria Curie-Skłodowska University
2022-12-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/14511 |
| _version_ | 1797937109877653504 |
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| author | Janusz Niczyporuk |
| author_facet | Janusz Niczyporuk |
| author_sort | Janusz Niczyporuk |
| collection | DOAJ |
| description | The Polish public procurement procedure currently includes the following elements: the proceeding in cases for the award of a public contract, the appeal proceeding in cases for the award of a public contract, the grievance proceeding in cases for the award of a public contract, and the amicable proceeding in cases for the award of a public contract. Naturally, the element all these proceedings have in common is their subject-matter, which covers a public procurement case, but they clearly differ as regards the status of the adjudicating entity. Consequently, the public procurement procedure turns out to be a hybrid procedure, since it assumes combining separate proceedings from the point of view of their nature. Moreover, the public procurement procedure must also be regarded as a regulatory procedure, as it is characterised by properties typical of the regulatory function of the public administration. The Polish Supreme Court effectively exercises judicial supervision over adjudication in public procurement matters. |
| first_indexed | 2024-04-10T18:39:37Z |
| format | Article |
| id | doaj.art-7db5f4199ce840108b65c8b62aeb556f |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-04-10T18:39:37Z |
| publishDate | 2022-12-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-7db5f4199ce840108b65c8b62aeb556f2023-02-01T17:42:19ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752022-12-0131419320410.17951/sil.2022.31.4.193-2049801The Polish Supreme Court in the Public Procurement ProcedureJanusz Niczyporuk0Maria Curie-Skłodowska UniversityThe Polish public procurement procedure currently includes the following elements: the proceeding in cases for the award of a public contract, the appeal proceeding in cases for the award of a public contract, the grievance proceeding in cases for the award of a public contract, and the amicable proceeding in cases for the award of a public contract. Naturally, the element all these proceedings have in common is their subject-matter, which covers a public procurement case, but they clearly differ as regards the status of the adjudicating entity. Consequently, the public procurement procedure turns out to be a hybrid procedure, since it assumes combining separate proceedings from the point of view of their nature. Moreover, the public procurement procedure must also be regarded as a regulatory procedure, as it is characterised by properties typical of the regulatory function of the public administration. The Polish Supreme Court effectively exercises judicial supervision over adjudication in public procurement matters.https://journals.umcs.pl/sil/article/view/14511hybrid procedureregulatory procedurepolish supreme courtpublic procurement |
| spellingShingle | Janusz Niczyporuk The Polish Supreme Court in the Public Procurement Procedure Studia Iuridica Lublinensia hybrid procedure regulatory procedure polish supreme court public procurement |
| title | The Polish Supreme Court in the Public Procurement Procedure |
| title_full | The Polish Supreme Court in the Public Procurement Procedure |
| title_fullStr | The Polish Supreme Court in the Public Procurement Procedure |
| title_full_unstemmed | The Polish Supreme Court in the Public Procurement Procedure |
| title_short | The Polish Supreme Court in the Public Procurement Procedure |
| title_sort | polish supreme court in the public procurement procedure |
| topic | hybrid procedure regulatory procedure polish supreme court public procurement |
| url | https://journals.umcs.pl/sil/article/view/14511 |
| work_keys_str_mv | AT januszniczyporuk thepolishsupremecourtinthepublicprocurementprocedure AT januszniczyporuk polishsupremecourtinthepublicprocurementprocedure |