Suchergebnisse

The article aims to identify measures that should be taken to create an effective model of Polish public procurement. The study addresses the impact of the COVID-19 pandemic, the war in Ukraine, and the European Union policies on climate change and technological developments, including aspects of the Fourth Industrial Revolution, on the Polish public procurement market. A dogmatic method is adopted. The current challenges and prospects of the Polish public procurement market are analysed from the perspective of the Public Procurement Law of 11 September 2019, which came into force on 1 January 2021. The study shows that the effective model of public procurement should be based, first and foremost, on increasing dialogue between the public and private sectors, increasing the implementation of so-called strategic procurement, and creating conditions for supporting the principle of competitiveness.

MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES IN PUBLIC PROCUREMENTS. SOME PROPOSALS DE LEGE FERENDAPublic procurements are one of the main methods of the state's influence on the economy. The aims of the procurement should be the implementation of the Value for Public Money as the eff ectiveness rule, which means the exponential growth of the strategic procurements: innovative, green and social; concerning National Purchase Policy, particularly the fast growth of innovative procurements. The Polish Ministry of Development and Finance is preparing a new Public Procurement Act. This Act should replace the Act of 29 January 2004 — Public Procurement Law Journal of Laws of 2017, item 1579. The overall objective is to obtain better Value for Public Money, to deliver better outcomes for societal and other public policy objectives while increasing the efficiency of public spending. This is the very good moment for some proposals connected with the improvement of SME's situation in public procurement.

The subject matter of the remarks discussed in this paper will be the problem of changes that have been introduced on the basis of Polish administrative proceedings as a result of an amendment to the Code of Administrative Proceedings1 by virtue of the law passed on December 3rd 2010 that concerns changes to the law – Code of Administrative Proceedings and Statutes – Law on Administrative Courts Proceedings. This amendment was signed by the President of the Republic of Poland on December 23rd 2010 and came into force on April 11th 2011. It should be noted that this amendment has significantly changed a few basic rules concerning the CAD and has influenced the model of administrative proceedings in cases of e.g. the principle of distributing the burden of proof. The amendment of the CAD, discussed in this paper, should be treated as the most important amendment of this legal act, valid in the Polish law since 1960. In compliance with the legislature, three basic goals of the amendment should the noted.2 The first pertains to the will to improve the administrative proceedings by abolishing major restrictions and gaps present in the rules of law currently in force. The second goal pertains to the motivation of the parties taking part in the proceedings to be more active. The last point concerns the possibility of suing not only an inactive organ of public administration but also for excessive and unwarranted protraction of proceedings. Because of the limitations imposed on the length of this paper only the main areas of change will be discussed, such as the issues of: changes concerning the principle of objective truth, changes concerning the principle of the speed of the proceedings, changes concerning the commencement of administrative proceedings, changes concerning access to the documents related to the case, changes concerning the possibility of issuing cassations, and finally, changes concerning the possibilities of a resumption of the administrative proceedings.