Abstract

The article concerns the issues of the legal basis and scope of control of the bodies adjudicating legal remedies in public procurement law over the proposed provisions of procurement contracts. The subject of analysis of the study is, inter alia, the legal structure of regulations on prohibited contractual provisions in public procurement contracts. Such a regulation was introduced to Polish law for the first time in the Act – Public Procurement Law of 2019. The considerations of the article also refer to the premise of non-compliance of the draft contractual provision with the requirements arising from the Law. This premise is the basis for the judicial control of the pattern of a public procurement contract. In this matter, was advocated in favour of a broadly understood criterion of legality of the planned contractual provisions, including not only the provisions on abusive clauses, but also, inter alia, the principles of public procurement and the criteria limiting the freedom of contract indicated in Article 353¹ of the Civil Code.