Prawo Zamówień Publicznych

no. 3/2022

The principle of truth and its importance for the quality of adjudication in appeal proceedings before the National Appeals Chamber

Joanna May
Doktor, Katedra Prawa Handlowego, Morskiego i Postępowania Cywilnego Uniwersytet Mikołaja Kopernika w Toruniu; ORCID: 0000-0001-8660-0784
Abstract

The article is devoted to the principle of truth and its importance for the quality of adjudication in appeal proceedings before the National Appeal Chamber. To illustrate the title issue, the author first presents the evolution of the legal principle in civil proceedings, including the procedural tools that the legislator has equipped the courts with to detect it. Then, she discussed the legal principle in the appeal proceedings under the new Public Procurement Law Act.

In the conclusion, the Author concludes that the desirable state in each proceeding would be to issue a judgment based on the actual state of affairs between the parties, which corresponds to the procedural material collected in the case, constituting the basis for the decision, however, the National Appeal Chamber has no procedural tools to implement the principle of truth to took this shape on appeal.