Przepisy regulujące udzielanie zamówień publicznych na podprogowe usługi społeczne a prawo do sądu
Provisions Regulating Public Procurement of Social Services Not Exceeding the EU Thresholds vis-à-vis the Right of Access to Court
Languages of publication
The main aim of the article is to present interpretative and legislative doubts concerning the rules referring to public procurement of social services not exceeding the thresholds set by the European Union. Since the legislator decided to regulate the procedure for such orders separately, a problem appeared in practice whether there is a possibility to appeal certain acts of a contracting authority to the National Appeals Chamber. The author analyzes the provisions of the Public Procurement Law relating to this issue. He also points to the principles and rules contained in the Constitution of the Republic of Poland (1997) and international agreements (e.g. the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights), which explicitly relate to the right of appeal in public contracts for social services not exceeding the EU thresholds, such as, first and foremost, the right to court or rational spending of public funds.
Publication order reference