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The Court of Justice of the European Union and Its Influence on European and National Public Procurement Regulations: the Case of Poland

Andrzej Panasiuk, Lukasz Jarocki


Keywords: CJEU, Judicial Policy-Making, Public Procurement, Poland

This article intends to encourage discussion on the case law of the Court of Justice of the European Union (CJEU) and its impact on both European public procurement law in form of directives and national regulations adopted by the European Union (EU) countries. The authors want to indicate the role that the Court’s jurisprudence plays not only in relation to interpretation of existing regulations but also its direct impact on national legal systems. First, the historical evolution of the CJEU and the significance of its case law, with regard to interpretation of the Union law, is discussed. Then, the development of European public procurement law, mainly related to changes made in EU treaties and directives, is presented. Subsequently, the case law of the CJEU and its influence on application, interpretation and to some extent the shape of the European public procurement regulations is examined. In order to prove the existence of the direct impact of the CJEU’s jurisprudence on the shape of Polish public procurement regulations, the development and evolutions of two legal institutions – ‘in-house’ and ‘bodies governed by public law’, which have been the subject of numerous case studies of the Court – is discussed. The concepts developed by the CJEU’s case law and the solutions included in European directives are analysed in order to provide answer to what extent the Polish legislature was inspired by these independently perfected structures of both legal institutions. Such a comparison allows one to determine whether the Polish legislature directly adopted the solutions from the case law of the CJEU and therefore assess the reputation and the role the CJEU plays in law-making processes at the national level.
Keywords: CJEU; Judicial Policy-Making; Public Procurement; Poland.

Andrzej Panasiuk, Professor at the Faculty of Law, University of Bialystok, Poland; Łukasz Jarocki, PhD candidate at the Faculty of Law, University of Bialystok, Poland. DOI: 10.21552/epppl/2017/2/12


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