Abstract

One of the legislative tasks of the President of the Public Procurement Office is giving opinions on draft acts concerning procurement. Unfortunately, the subordination of the President of the Public Procurement Office to the Minister of the Economy, and not directly to the Prime Minister, has led to a visible diminishing of the role of the President of the Public Procurement Office in drafting legal acts, especially at the level of the law concerning public procurement. This affects the quality of legislation to a certain extent, which as evidenced by the frequent doubts regarding the relationship of certain implementing regulations to the Public Procurement Law to separate regulations, as well as the excessive interference of the legislator in the contractual freedom of parties. Therefore, the interpretations and legal opinions of the President of the Public Procurement Office (soft law) are significant, although these should only support legislative solutions and not replace shortcomings in this area.