Abstract

The approaching implementation of 2014 EU directives makes it imperative to adopt a new public procurement law, which - alongside the European direction - should reflect modernized Polish solutions. Looking for improvements, the achievements of other states should not be ignored, especially as regards the German, Austrian and French laws, if only because of historical circumstances. First of all, changes are required with respect to the preparatory process, the catalogue of procedures (however, for contracts of small value an additional fast procedure is needed), the phase of submitting and opening tenders (online), the rules of selective qualification of contractors, examination and evaluation of tenders, legal implications of selection of the most favourable tender, as well as the conditions for the conclusion of the final contract, whereas the grounds for the annulment of the tendering procedure, which are not regulated by the directives, should be retained as they have passed the test of practice. Apart from that, the European principle of effective liability which justifies the increase of liability for damages, as well as the consolidation of the status of the National Appeal Board, together with the guarantees of professionalism and high quality of judgments, need to be fully implemented.