Prawo Zamówień Publicznych

no. 1/2024

On the need for further improvements in proceedings before the National Appeals Chamber

DOI: 10.32027/PZP.24.1.5
Joanna May
Doktor, radca prawny, adiunktw Katedrze Prawa Handlowego, Morskiego i Postępowania Cywilnego Uniwersytetu Mikołaja Kopernika w Toruniu
Abstract

The article proposes solutions that could improve appeal proceedings before the National Appeals Chamber. One of the proposals is to introduce a mandatory response to appeals, which would allow for the proper preparation of proceedings, for subsequent activities to be planned and preparations for the hearing. As part of further improvements, it is worth considering the introduction of an evidentiary exclusion and equipping the National Appeals Chamber with appropriate instruments to discipline the parties and other participants in the proceedings to be more active in providing evidence.
According to the author, the further digitisation of the appeal procedure, including the introduction of remote hearings, will also help streamline proceedings. Additionally, the prohibition on abusing procedural rights in the Public Procurement Law, together with appropriate sanctions for violations, may become an effective procedural tool eliminating the use of procedural rights for actions contrary to their purpose. Such solutions might not only ensure the efficient course of appeal proceedings in compliance with procedural rules and guarantees, but will also improve the quality of rulings on cases.

Keywords
appeal proceedings, proceedings before the National Appeals Chamber, nature of the proceedings before the National Appeals Chamber, response to appeals, evidentiary exclusion, digitisation of appeal proceedings, abuse of procedural law, obviously unfounded appeal