Abstract

The interest in in-house contracting problems arose in Polish literature in connection with the 2011 amendment of the Act on maintaining cleanness and order in municipalities and an action brought against that regulation by a local government unit to the Constitutional Tribunal. The previous regulations did not allow local government units to award public contracts with the use of the in-house contracting model formed in accordance with the judgements of the EU Court of Justice. The problem returned in connection with the duty to implement new public procurement directives of 2014, which codified in-house contract awards. The article analyses why and how that regulation was adopted at the EU level. Then it has been analysed how this institution was structured in the 2015 drafts of the Public procurement Act and the Act on public works or service concession contracts. The author concludes with his doubts and questions addressed to the legislator concerning a number of procedural problems with respect to implementation of in-house contract awards in the Polish legal system.