Abstract

The current legal and organizational status of the National Board of Appeal, as an extrajudicial authority of special jurisdiction as regards appeals concerning the public procurement process, is compliant with the requirement of EU directives. In particular, its judgments are passed according to the principles of independence, adversariality and expedition, and may be appealed to competent common courts. Its deficiency, perceived especially by the doctrine, consists in insufficient guarantees of independence. The need to consolidate the power of the Board by legislation, as well as numerous guarantees of its independence towards bringing its functioning closer to judicial jurisdiction justifies several de lege ferenda postulates in the context of the ongoing discussion as to the shape of the new Polish public procurement law.