Securing the claim in challenge proceedings against a decision of the National Appeals Chamber

Abstract

The issue discussed in the article is part of a broader topic of the application of the Law of 17 November 1964 – Code of Civil Procedure to public procurement, which is regulated by the Law of 11 September 2019 – Public Procurement Law. What is particularly evident is the problem of applying the provisions of the Civil Procedure Code on securing claims in challenge proceedings against decisions of the National Appeals Chamber where parties seek to obtain an injunction prohibiting the conclusion of a public procurement contract. The legislator still has not decided to resolve the above issue directly in statutory law, and the case law is extremely divergent in this regard. This publication also draws attention to the general problem of difficulties in challenging the decisions of the National Appeals Chamber, which are not only of a strictly legal nature, but also of a fiscal nature. The problem is considered in the context of one of the fundamental civil rights guaranteed by the Constitution of the Republic of Poland – the right of court access.