Prawo Zamówień Publicznych

no. 2/2019

Digitisation of public procurement from the perspective of case law

DOI: 10.32027/PZP.19.2.7
Magdalena Grabarczyk
jest członkiem Krajowej Izby Odwoławczej, radcą prawnym
Abstract

The legislation on the digitisation of public procurement, which entered into force on 18 October 2018, poses some new challenges for the adjudicating authorities. These challenges are faced by the National Appeal Chamber, whose rulings issued in relation to the amended regulations have not yet been subject to instances of control. The problems that have been identified in the case-law partly concern actual circumstances related to digitisation, though strictly legal issues prevail, including those related to the form of statements and documents submitted in the contract award procedure and the offer. The Chamber’s achievements from previous years are useful only to a limited extent in resolving the case-law problems that have arisen. This means that the Chamber is establishing the directions of interpretation with regard to issues that have not previously arisen in the case-law.