EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 2 results.

Andrzej Panasiuk, Lukasz Jarocki

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 192 - 200

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, Łukasz Jarocki

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 3, Page 140 - 148

The public administration sector is subject to constant change, with each change necessitating proper adjustments in both of its own organizational and functional areas, in order to optimally meet its publicly mandated tasks. In this article, an analysis has been made of public – private partnerships (PPP) which are most often seen as a form of execution of these public tasks, and to a lesser extent, attention is drawn to the partnerships as a tool for implementing change to the public administration itself. The authors of this article see PPP as an instrument aiming to redefine the role and scope of tasks which must be implemented by the public administration sector. Thus, the public sector as a result of actions taken up by it in the implementation of the public duties it has, determines its current role in society. The result of the analysis is the assertion that PPP enables changes in the public management model, which cause change transforming the public administration in the direction of an administration responsible for the fate of society as a whole, and not only publicly guarding the processes required in meeting the needs of the public, but actively defining these needs.

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