Contestability of Decisions of the Public Procurement Court: Signalling the Main Problems

Abstract

The article presents the issue of contestability of the decisions issued by the court of public procurement. The new Public Procurement Law has been in force in Poland since 1 January 2021. The proceedings triggered by a complaint against a ruling of the National Appeal Chamber are currently subject to simultaneous regulation on three basic levels: the Public Procurement Law, the Civil Procedure Code and the Act on Special Solutions for Preventing, Counteracting and Eradicating COVID-19, Other Infectious Diseases and Crisis Situations Caused by Them. The study presents the impact of these three interrelated solutions on the admissibility of challenging by complaint or cassation complaint the decisions issued by the court. The currently functioning system of appealing formal rulings ending the proceedings in a case was evaluated.