Abstract

The article presents a critical analysis of the state of implementation of Art. 72 of Directive 2014/24/WE performed under the Act of 22 June 2016 amending the Public procurement Act and certain other acts (Journal of Laws item 1020). The author points out a lack of cohesion of the provisions on modification of contracts after the amendment of the Public Procurement Act, primarily due to the fact that Art 140.1 of the Act has been left unchanged, and makes an attempt to interpret the ambiguous provisions of Art. 144 of the Act in the tenor of pro-EU interpretation. Also the interim provisions have been subject to criticism since without any rational justification they restrict the possibility to modify a public contract concluded before the date of the amended Public Procurement Act coming into force.