Control of Public Procurement in the European Union: Selected Problems

Abstract

Public procurement now forms a significant part of the market in economic terms (component of the free market economy). Its importance is increasing continuously due to value of contracts to be awarded, thus, many companies perceive such contracts as the key method for staying afloat on the market. The above brings about a growing competition in the public procurement market, encouraging pathological behavior fully focused at winning contracts, i.e. corruption. Note that the scope and degree of pathological phenomena in the public procurement system is largely influenced by applicable legislation in this field. Admittedly, regularly introduced legal institutions intended to reduce improper behavior proved to be partly ineffective. Curbing the risk of irregularity in the field of public procurement requires a multi-faceted impact, including efficient checks by the special bodies. The paper offers a review of the existing juridical solutions of EU law in respect of the analyzed subject. Relevant regulations of Polish law will be also discussed in this context.