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Europejskie prawo zamówień publicznych – kierunki zmian przepisów

100%
Panasiuk A.
Kontrola Państwowa
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2013
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vol. 58
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issue 5 (352)
133-147
EN
Public procurement in the European Union is regarded as one of the most important instruments for influencing the economies of individual Member States. Without public procurement, states could not have well-developed road, railway nor municipal infrastructure. Hence, the knowledge of public procurement regulations is of high importance. National regulations in the field are defined by European regulations, therefore new solutions have to be introduced at the national level with every amendment at the level of the EU. In his article, the author presents the direction of changes of the package of directives that coordinate the procedures for public procurement granting, both with regard to standard and sector procurement.
2
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Partnerstwo innowacyjne – pomoc w rozwoju innowacyjnej gospodarki?

100%
Panasiuk A.
Kontrola Państwowa
|
2015
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vol. 60
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issue 1 (360)
155-165
EN
In the light of the provisions of the set of new directives of 2014 that regulate public procurement issues, public procurement is bound to boost the innovativeness of the Union’s economy. Among the legal instruments set forth in directive No 2014/24, there is innovative partnership, which is a special procedure that allows contracting parties to establish a long term cooperation with contractors, based on partnership, and aimed at developing and purchasing a new innovative product, service or construction work. In his article, the author analyses legal solutions provided for innovative partnership, comprised in the said directive. Simultaneously, he discusses potential dangers and interpretation doubts that may influence the understanding of this solution. And – which is clear – national legislation in this area is defined by the European regulations that, when changed, make it necessary to transpose new legal solutions to the national law, and therefore can affect the proper implementation of innovative partnership to the national law.
3
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Projektowane zmiany Prawa zamówień publicznych. Nowelizacja wciąż bez systemowych rozwiązań

100%
Panasiuk A.
Kontrola Państwowa
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2016
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vol. 61
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issue 4 (369)
120-131
EN
As a result of the adoption by the European Parliament, in 2014, of the package of new directives coordinating the procedure of public procurement granting, it was possible to consider improvements of the binding legal regulations, both with regard to their adjustment to the new directives, and with regard to the use of the experience gathered to date. Months passed since the adoption of the new directives, but no clear information was provided on the future of the public procurement law: whether comprehensive works would be taken to reconstruct the procurement system, or whether the government would focus on adding new provisions to the existing legal regulation that was not clear anyhow already. From time to time, the public opinion was informed about the works on the implementation of the new directives package. Today we know, though, that it will consist in another amendment to the public procurement law, deprived of the thorough consideration of the functioning of the procurement system.
4
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Partnerstwo publiczno- prywatne jako instrument umożliwiający przekształcanie administracji – poprawa modelu zarządzania w kierunku good governance

63%
Panasiuk A., Solecka K.
Kontrola Państwowa
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2015
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vol. 60
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issue 6 (365)
146-161
EN
Discussions on the importance and opportunities of the public-private partnership have been taking place for many years. The article presents an analysis of public-private partnership which is usually considered a form of realisation of public tasks. It is less frequently regarded as a tool for introducing changes in the public administration as such. In their article, the authors emphasise the specific role that public-private partnership can play in designing public sector policies, and its application related to the lack of funds for effective realisation of public tasks. Public-private partnership allows then for changes in the public management model, by transforming public administration towards administration that is responsible for the whole society.
5
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Ochrona obiektów infrastruktury krytycznej – bezpieczeństwo państwa i obywateli

63%
Panasiuk A., Sierański S.
Kontrola Państwowa
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2017
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vol. 62
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issue 1 (372)
76-86
EN
Critical infrastructure plays a key role in the functioning of the state and the lives of its citizens. Due to natural disasters or those being a consequence of human activities, critical infrastructure can be destroyed or damaged, and its functioning can be disrupted, which can pose a threat to the lives and property of the citizens. Simultaneously, such events negatively affect the economic development of the state. That is why protection of critical infrastructure is one of the state’s priorities. In the years 2015 and 2016, NIK examined the regularity of the protection of critical infrastructure items. The audit was also a response to numerous media reports on failures or incidents that could pose a threat to critical infrastructure items in the country. The audit comprised selected critical infrastructure administrators, the Government Security Centre, regional governors and local self-government units.
6
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State Purchasing Policy – A New Institution of Public Procurement Law

63%
Czech E. K., Panasiuk A.
Review of European and Comparative Law
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2020
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vol. 43
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issue 4
163-175
EN
The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.
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