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In-house Procurement – How it is Implemented and Applied in Poland

DOI https://doi.org/10.21552/epppl/2018/3/4

Wojciech Hartung, Katarzyna Kuźma


This article discusses the issue of in-house procurement under Polish regulations and how they are applied by local authorities. The authors focus on special conditions in national provisions additional to those provided for in Directive 2014/24/EU. The Polish legislator allows the award of public contracts in a negotiated procedure without publication (single source procurement) among other differences. Polish regulations provide for the performance of local authority tasks via local authority acts. The authors analyse the relationship between public procurement and competition law with regard to the position of local authorities as entities playing a key role in organising public services markets; in Poland, local authorities, including municipalities, have the status of ‘undertaking’ when organising the performance of public services. What has been observed on the market is the tendency for municipal companies to use the privilege created for them in in-house procurement regulations to encroach on a market that is not related to the tasks of their owner and compete with private operators. EU law sets some limits on in-house procurement but does not in itself guarantee uniform application of this modality, leaving a great deal of freedom to Member States. Keywords: Self-governance; In-house procurement; Competition principles; National regulations.

Wojciech Hartung, Ph.D., Counsel in the Infrastructure and Energy Practice at the Domański Zakrzewski Palinka law firm in Warsaw; lecturer in post-graduate public procurement studies and public-private co-operation at the Warsaw School of Economics (Warsaw) and Nicolaus Copernicus University (Toruń). Katarzyna Kuźma, Partner in the Infrastructure and Energy Practice at the Domański Zakrzewski Palinka law firm in Warsaw, head of its public procurement team.

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