Mirella Lechna-Marchewka | In Principle

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Mirella Lechna-Marchewka

News from Poland—Business & Law, Episode 3: Changes in the Public Procurement Law
The programme is a synthesis of important current events in the Polish economy and changes to Polish law, especially those that may concern management board members and affect the risk of serving on boards.
News from Poland—Business & Law, Episode 3: Changes in the Public Procurement Law
Despite the pandemic, the National Appeal Chamber can (and must) function
In Poland, the National Appeal Chamber upholds the effectiveness of the rules guaranteeing transparent and non-discriminatory access to public procurement contracts within the EU. Member states are required to ensure contractors the consideration of review procedures concerning the award of public contracts, as is clear from the Remedies Directive.
Despite the pandemic, the National Appeal Chamber can (and must) function
Coronavirus: A new reality in public procurement
The coronavirus pandemic is already affecting contractors carrying out public projects and other contracts under the public procurement regime. With the dynamic development of the situation, there is a risk that negative consequences will go even further. The current situation affects not only the performance of contracts but also ongoing and future public procurement procedures.
Coronavirus: A new reality in public procurement
In-house procurement may not be compatible with EU law
The award of an in-house procurement satisfying the conditions laid down in Art. 12(1)(a)–(c) of Directive 2014/24/EU is not necessarily consistent with European Union law, the Court of Justice of the European Union held in the judgment of 3 October 2019 in Case C-285/18, Kauno miesto savivaldybè. This ruling is not controversial, nor does it change the principles developed over the years for excluding internal procurement from the regime of the procurement directives. Nonetheless, it gives contractors an additional argument for challenging contracting authorities’ decisions ignoring such basic principles as transparency.
In-house procurement may not be compatible with EU law
EU–China Strategic Outlook
Two of the world’s greatest powerhouses, the European Union and China, are linked by an enduring relationship with close trade and economic ties. Both are committed to a comprehensive strategic partnership, and both share commitments and interests in global sustainable development.
EU–China Strategic Outlook
New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?
Under the proposed new Public Procurement Law, in the event of a dispute involving performance of a public contract, amicable resolution of the dispute would be handled by the Court of Arbitration at the General Counsel to the Republic of Poland. But the proposal generates legal doubts.
New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?
Substitute performance and party substitution in a public procurement contract
A party substitution in a contract concluded under the Public Procurement Law is possible if the contracting authority explicitly provided for the possibility of such a change in the contract announcement and specified the conditions for such a change. Whether a contractual provision authorising the contracting authority to entrust the performance of the contract to a third party (substitute performance) can be regarded as a review clause allowing for party substitution is an interesting issue in public procurement practice.
Substitute performance and party substitution in a public procurement contract
Requirements set by a financing bank cannot restrict competition in a tender co-financed using EU funds
If a bank denies financing for a contract for rolling stock (or other items subject to a tender) awarded in conformity with the principle of competitiveness because material collateral cannot be established in Poland, the contracting authority is required to award a contract for delivery with financing.
Requirements set by a financing bank cannot restrict competition in a tender co-financed using EU funds
New PPL: Is everything in line with EU law?
The explanatory memorandum for the draft of the new Public Procurement Law indicates the need to increase the transparency and coherence of national regulations, recognising that the EU’s procurement directives have already been implemented in the Polish legal system. However, the effect of the “small amendment” of 2016 has been unsatisfactory from the very beginning. Hence, the draft contains a number of new solutions justified by the need to reflect the regulations of the procurement directives in the Polish act.
New PPL: Is everything in line with EU law?
SHA – how technology can ruin transparency of public procurement proceedings
Directive 2014/24/EU of 26 February 2014 on Public Procurement only states that “where a tender is signed with the support of a qualified certificate that is included on a trusted list, the contracting authorities shall not apply additional requirements that may hinder the use of those signatures by tenderers”. Unfortunately, the National Appeals Chamber (KIO) took a different view of the issue.
SHA – how technology can ruin transparency of public procurement proceedings
Changes in access to public procurement
The Public Procurement Law regulates the method of eliminating contractors who do not meet the requirements for such things as integrity (no criminal convictions). The sanction of exclusion from a tender may be imposed on a contractor not for acts committed by the entity, but for acts committed in relation to the activity of a collective entity by natural persons acting on its behalf or in its interest.
Changes in access to public procurement
How to deprive Polish roads of billions of euros
A lot has been published on the harmful effects on the construction industry of the legal solutions proposed in the draft Act on Prevention of Abuses in Road Projects. A disadvantage of the concept of protection of local subcontractors presented by the Ministry of Justice may be to severely limit the General Directorate for National Roads and Motorways’ external financing of projects.
How to deprive Polish roads of billions of euros