The Approach of EU Member States
Edited by Steen Treumer and Mario Comba
Chapter 7: Transposition of the 2014 Public Procurement Package in Italy: meeting the deadline without really doing so
This chapter focuses on specific issues connected with the transposition of the Public Procurement Directives, adopted in 2014, into the Polish legal order. It shows that the Polish legislator generally decided to reproduce the provisions of the Public Procurement Directives more or less word for word. The chapter describes how three selected topic areas, illustrating three stages of the public contract award procedure and its implementation—namely, the choice of participants, the procedure itself and the performance of public contracts—were transposed in Poland. It also shows how Poland exercised discretion in the transposition regarding a few options left open by the EU legislator. Finally, it points out that if Directive 2014/24/EU did not specify the specific legal rules or regulatory options to be applied for attaining the broader objectives set out by the Directive, Poland generally disregarded these objectives.
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