Rola Prezesa Urzędu Zamówień Publicznych w zapobieganiu i zwalczaniu nadużyć wolności kontraktowej w umowach zawieranych w ramach zamówień publicznych

Abstrakt

THE ROLE OF THE PUBLIC PROCUREMENT CHAMBER CHAIRMAN IN PREVENTION AND ELIMINATION OF THE FREEDOM OF CONTRACT ABUSE IN PUBLIC PROCUREMENT CONTRACTS

The study examines the actual and postulated role of the Chairman of Public Procurement Chamber in prevention and eradication of freedom of contract abuse, which is not directly related to the infringement of public procurement law but civil law and other law branches. The issue has not been analyzed by the doctrine, even though the practice of contracting authorities in public pro­curement standard agreements often leads to freedom of contract abuse, which is tolerated by the Chairman of Public Procurement Chamber. Taking into consideration the dimension of detrimental results not only for the economy but also public finance, the body which supervises the public pro­curement market should have broader competences. Localizing all the protection against unfair and illegal standard agreement provisions only in courts of law as well as relinquishment of the preven­tion measures is an ineffective, inappropriate and systemically unjustified solution.