Abstract

The right of access to court protects the rights of individuals, legal entities and organisational units who intend to obtain or execute a contract. The right to go to court should not be understood only formally, as access to a judicial route, but also materially, as the ability to effectively enforce and assert the protection of rights through legal proceedings. The personal and material scope of the right to go to court in public procurement has been defined in Poland on the basis of the Public Procurement Law and on the basis of the Civil Code, and at the supranational level by the Appeals Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC. This article discusses selected issues concerning the principle of transparency, interim measures, legal standing, damages and sanctions of contract cancellation in the context of potential threats that may arise in connection with the principle of effective judicial protection in public procurement.