Laura Farca, Dacian Dragoş, Piotr Bogdanowicz

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 99 - 117

The aim of this study is to look at the specifics of Romania and Poland in addressing the manner in which contracting authorities implement the transparency principle in public procurement award procedures. Generally, the practical applicability of this principle arises during both the public procurement award procedures and the contract performance. Yet, disclosure rules slightly vary in both Member States. As a common feature, in practice the level of disclosure during the performance of public procurement contract seems to be quite limited in both Poland and Romania. Keywords: Transparency principle; Protection of business secrets; Rule of law.

Piotr Bogdanowicz

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 3, Page 194 - 204

The rules regarding modifications of public contracts were added to EU public procurement law in 2014 in order to clarify the conditions set forth by the relevant case law of the Court of Justice of the European Union. However, the provisions that were ultimately adopted are not quite black and white as one might think. One of the grey areas might be the application of the principle of proportionality to modifications of public contracts. New directives mention proportionality as a principle of "procurement". This article presents a view that contracting authorities shall act in a proportionate manner also after the "procurement" decision has been made, i.e. when a contract has already been awarded.

Piotr Bogdanowicz

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 2, Page 83 - 91

This article presents some remarks on the relevance of a cross-border interest following the entry into force of the new Directive on the award of concession contracts (Concessions Directive). The Concessions Directive will apply to concession contracts the value of which is equal to or greater than EUR 5 186 000. As stated in the recitals thereto, this threshold reflects a clear cross-border interest. In certain cases, however, other factors, such as the place of the performance of a concession or the specifics of the market, could trigger cross-border interest, even for below-threshold concession contracts. The Concessions Directive will not apply to these contracts but they may still be the subject to the general principles of EU law, including the principle of transparency. This means that the Concessions Directive does not bring a bright-line rule and the contours of EU public procurement law in the field of concession contracts will remain unclear.