Regulation of modifications of public contracts and the assumption of the legislator’s rationality

Abstract

The article is an attempt to use one of the elements of the concept of a rational legislator, i.e. the assumption that the legislator will establish non-contradictory legal norms in relation to regu-lation of changes in public procurement contracts contained in the currently applicable EU directi-ves of public procurement law. This regulation raises a number of interpretation doubts. The study showed internal contradictions and other insufficiencies in the relevant provisions of EU secondary law. Such assumptions as to the interpretation of the title legal regulation have been proposed to at least limit the effects of its defects in design, in the spirit of respecting the basic principles of public procurement law — the equal treatment of contractors and protection of competition.