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Dr hab. Małgorzata Sieradzka, prof. UŁa
Dr hab. Małgorzata Sieradzka, prof. UŁa
ORCID: 0000-0002-3930-6491

Professor at the Faculty of Law and Administration of the Lazarski University in Warsaw, Head of the Department of Public Economic Law, author of over 250 publications, including 10 monographs, editor and co-author of commentaries to laws. Attorney specializing in competition law, public procurement law and medical law; an expert in the field of bid rigging. Lecturer at KSSiP, lecturer at the University of Warsaw for studies Medical law in health care, Director of the Public Procurement Institute, member of the Legislative Committee of the Supreme Bar Council, member of the Competition Law Association, member of CARS.

DOI: 10.33226/0137-5490.2024.5.3
JEL: K12, K29, K40

In public procurement practice, framework agreements are concluded. Framework agreements may be concluded with one or more economic operators. The essence of this contract is to define the framework for future cooperation of the contracting authority with contractors on the basis of implementation contracts. However, the contracting authority is not obliged to award the contract on the basis of a framework agreement, and contractors have no claim to conclude a performance contract. The publication analyses the award of a public contract after a competitive procedure. The aim of the article is to examine whether contractors are entitled to appeal in a competitive procedure.

Keywords: framework agreement; public procurement; award of public contract; executive contract; appeal
DOI: 10.33226/0137-5490.2022.9.7

The aim of the article is to discuss the grounds for the exclusion of a public procurement contractor in the event of bankruptcy of the original contractor. The article presents the CJEU position on the acceptability of a change of contractor of a public contract in the event of bankruptcy of the original contractor. The issued ruling affects the application of the provisions of the Act of 11 September 2019 — Public Procurement Law as the national rules on amendments to the Public Procurement Law reflect the Art. 72 of the Directive 2014/24/EU. The CJEU examined whether in the light of Art. 72 para. 1(d)(ii) of the Directive 2014/24, a change of contractor is possible in the event of insolvency of the original contractor leading to its compulsory liquidation. Analysis of the position of the CJEU and the provisions of the Act of 28 February 2003 Bankruptcy Law1 makes it possible to confirm that the permissibility of changing the public contract also includes insolvency as an extraordinary way of terminating economic activity.

Keywords: public procurement; contract change; bankruptcy of the contractor; succession
DOI: 10.33226/0137-5490.2021.11.8
JEL: K22, K29

The commented ruling of the ECJ has practical implications for the public procurement market in the Member States. The ECJ examined whether in the situation when grounds for exclusion arise in relation to a subcontractor, the contracting authority may exclude from the procedure the contractor who indicated the subcontractor in its tender. The aim of the article is to show the correct procedure of the contracting authority in a situation where the grounds for exclusion concern subcontractors. The ECJ confirmed the compliance with EU law of national regulations providing for the possibility of examining exclusion criteria also in relation to subcontractors. However, according to the principle of proportionality, the contracting authority must be able to assess whether the economic operator is able to perform the contract without the subcontractor's participation before the exclusion of the economic operator. Thus, the ECJ ruled that national legislation providing for the automatic character of such exclusion are incompatible with EU law.

Keywords: judgment of the ECJ; exclusion from the proceedings; Directive 2014/24; public procurement; automatic exclusion
DOI: 10.33226/0137-5490.2020.3.1
JEL: K2 (artykuł w języku angielskim)

The purpose of the amendments introduced by the
Act of 31 July 2019 amending certain acts in order to
reduce the regulatory burdens, called the deregulatory
act, is to reduce unnecessary and excessive regulatory
burdens. New provisions are to improve the succession
by enabling or improving the exercise of rights in
relation to assets of an enterprise when the share in
the enterprise is included into an estate from a
deceased spouse of the sole trader. The deregulation
act provides for the amendment to the Act on the
succession administration of an enterprise of a natural
person to reduce inaccurate and excessive regulatory
burdens, in particular, those of an administrative

Keywords: entrepreneur; succession; authorising acts; decisions related to the enterprise; interim representative