Silesian Journal of Legal Studies, Vol. 5 (2013), s. 58-65
The provisions of agreements that are made between a procurer and a contractor
are of key significance in relation to the diligent performance of a public procurement.
It should be noted that the value of the Polish public procurement market, according
to the latest data provided by the Public Procurement Office, amounted to 167 billion
PLN in 20101. This value constituted approx. 11.8% of the gross domestic product.
195,555 agreements that relate to public procurements were concluded in 20122. Procurements
granted to foreign contractors constituted 13.7 billion PLN of the sum mentioned
above. One can easily observe that the problem of public procurements constitutes
a very socially sensitive matter in Poland. The aforementioned observation arises
from the fact that there have been numerous public investments – concluded by way
of public procurements – and that these investments were connected with the organization
of the European Football Championships 2012 in Poland. These investments,
above all, were connected with the construction of the sports infrastructure as well as
roads and highways. To be precise, these investments relate to the construction of the
National Stadium in Warsaw as well as the A2 highway, which is a fragment of the international
The subject matter of the issues described in this article will be the problems that
arise from contracts concluded in relation to public procurements on the basis of Polish
legal solutions. Firstly, the legal foundations that relate to the regulations of the agreements
in question will be discussed. Next, the legal nature as well as special provisions
concerning the Public Procurement Act, which refer to these agreements, will be taken
into consideration. The article will end with a short summary.