The EU Tribunal of Justice has recognized a provision of the Polish Act on Public Procurement to be contrary to the EU law. The Employers of Poland as early as last year warned against the introduction of provisions that were rejected by the Tribunal of Justice on Thursday.
The judgment of the Tribunal of Justice confirms that in the case of public procurement we deal with a chaotic, created ad hoc, legislation. It can be indicated by the amendments being made hastily, the disregard for the comments of experts and progressive interference in civil law relations between the parties in the contract regarding the public procurement. Any subsequent changes to the regulations put an increasing imbalance in the relationship between the ordering party and the contractors (in favour of the former). The consequence of this state of affairs is the flawed functioning of the system of public procurement.