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Practice in Poland – utilities largely owned by the public


Dr Wojciech Hartung

Has your country adopted a new separate law to  implement the 17/2004/EC directive?

Polish Public Procurement Law (PPL) of 29 January 2004  (Journal of Laws of 2010 No 113, item 759 with  amendments) regulates all aspects of PP procedure, from  the commencement of the process until the conclusion of  the contract. It refers both to the so-called “classical”  sector (2004/18/EC Directive) as well as to utilities  (2004/17/EC). It also provides for detailed rules  concerning legal protection measures in that respect. PPL  comprises 203 articles divided into several titles and  chapters devoted to different instruments and aspects of  the PP process. Speci"c rules concerning utilities are  contained in Title III (“Speci"c Provisions”) and Chapter 5  (“Utilities”); however it is important to note that there are  a lot of references to the provisions contained in other  parts of the PPL, notably to Title I (“General Provisions”)  and Title II (“Award Procedures”).   There are several acts of secondary legislation issued in  order to implement and make more precise provisions of  the PPL. Due to the fact that utilities are comprised in the  PPL, most of the implementing regulations are to be  followed also in this regard.  

Source: Law in transition online, Autumn 2010

Whole article available in PDF file.

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