EPPPL - European Procurement & Public Private Partnership Law Review

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Die Suche erzielte 3 Treffer.

Jakub Pawelec

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 4, Seite 276 - 281

Using the example of the utilities sector, this article describes a type of activity of public entities which interferes significantly with the market. A wide understanding of State aid has this consequence that it thus extends to actions which ostensibly are legal but in practice cause significant violations of competition at the cost of, and to the detriment of, private business entities operating in the market. This is the case, for example, when public entities (authorities) carry out commercial activities through commercial entities, eg companies. The practice described in the article and the above-mentioned decisions as taken by the said Polish authorities show that with regard to certain situations and behaviours regarding State aid the other competitors in the market may be left unprotected. There is a thesis that in Poland new and in principle clandestine practices have developed of State aid/support which have a very intensive indirect impact on the market. Keywords: market; clandestine forms of State aid; intervention; Poland; public utilities

Beata Faracik

European Procurement & Public Private Partnership Law Review, Jahrgang 13 (2018), Ausgabe 3, Seite 184 - 197

Despite many efforts being put in the recent years into the reform of the public procurement legislation both at the European and national level in Poland, the increase in the use of sustainable public procurement is disproportionally low. This article looks therefore at the non-legal barriers that affect the use of the sustainable public procurement (including, although not exclusively social clauses, green clauses), based on the research conducted in Poland. It concludes with suggestions of possible solutions and role of non-state actors in stimulating the use of Sustainable Public Procurement. Keywords: Sustainable public procurement; Social clauses; Non-legal barriers; Human rights; Poland.

Andrzej Panasiuk, Lukasz Jarocki

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 2, Seite 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.

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