Prawo Zamówień Publicznych

no. 3/2020

Cassation and the professionalisation of public procurement

Małgorzata Nyc-Zimny
doktorantka Wydziału Prawa i Administracji Uniwersytetu Jagiellońskiego, radca prawny
Abstract

A cassation appeal, as the most demanding legal remedy, is inseparable from the principle of professionalism. Although the Public Procurement Law does not regulate the rules for cassation appeals, there is no doubt that the rules of civil procedure are applied to cassation appeals in practice. In the current state of affairs, only the President of the Public Procurement Office has the right to lodge a cassation appeal. This article analyses the Supreme Court decisions issued as a result of the litigation activity of the President of the Public Procurement Office. Reference is also made to the amendment of the Public Procurement Law regarding the right of a party to file such an appeal, emphasising the important role of professional attorneys.