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Vol. 14 No. 16 (1) (2019)

Articles

Green Public Procurement in the Case Law of the National Appeals Chamber

DOI: https://doi.org/10.32084/sawp.2019.14.1-2  [Google Scholar]
Published: 2019-06-30

Abstract

Green public procurement is a kind of response to the current trends in environmental protection. This is a process whereby public authorities secure goods, services or construction works which are characterised by a lower degree of negative impact, with their purpose and functionality maintained. This type of public procurement is currently concerned with the largest investments which are also highly innovative. However, regardless of the fact that contracting authorities see the need for using this kind of procedure, due to the lack of specific legal regulation, the use of such a procedure may run into practical problems, therefore analysis and knowledge of the decisions made by the National Appeals Chamber seems crucial. The verification of the entrepreneur’s ability to meet environmental requirements for contractors, for example, seems problematic, since it requires a formulation of a condition for participation which will not limit the rules of competition, though the National Appeals Chamber has frequently pointed out that the requirements are consistent with the interests and needs of the contracting authority, even if they prove difficult to meet for most contractors.

References

  1. Pchałek, Marcin, Adam Jachnik, i Paulina Kupczyk. 2009. „Prawne aspekty «zielonych» zamówień publicznych.” W Zielone Zamówienia Publiczne, 9-41. Warszawa: Urząd Zamówień Publicznych. [Google Scholar]
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