Conference Civil law and public procurement law – systemic, normative and axiological interactions

Conference
Civil law and
public procurement law – 
systemic, normative and axiological interactions

The Chair of Civil Law at Kozminski University in Warsaw, under the auspices of the Public Procurement Office, invites you to a nationwide scientific conference on September 11, 2024

Prawo cywilne a Prawo zamówień publicznych – interakcje systemowe, normatywne i aksjologiczne

 

About conference

Civil law and public procurement law have a close relationship, discernible in both academic research and practice. The aim of the conference is to discuss the application of principles and institutions of civil law in the context of the applicable provisions of public procurement law. These issues have not been frequently discussed so far. The event will also provide an opportunity for debate between civilians and academics specializing in public procurement law and leading representatives of legal practice from both branches. Conference participants are also invited to actively participate in the discussions after each panel. The organizers hope that the result of this exchange of views will be an assessment of the current state of the civil law norms contained in the Public Procurement Law of 2019, an indication of the need for their possible changes and directions for further development. An additional opportunity to do so is the evaluation, planned for this year, of the functioning of the solutions adopted in the 2019 PPL Law. (after 3 years of its implementation) aimed at identifying the needs for its possible modernization.

Organizational information

The conference is nationwide in scope, and will be implemented in a hybrid format (online participants will also be able to take part in the discussion).

The conference will be held on a stationary basis in D/218 at Kozminski University, 57/59 Jagiellonian Street, Warsaw

REGISTRATION AND FEES:

  • participation in the form of on- line: 200 PLN
  • participation in stationary form: 300 PLN
  • ALK graduate online form:  175 PLN
  • Graduate of ALK stationary form: 275 PLN

*The conference fee is waived for Speakers, Staff and Students of ALK.

Please register using the registration form below.

Program

 

  • 9:00–9:30 Registration
  • 9:30–9:45 Official opening of the conference
  • 9:45–11:45 Panel I Public procurement law and civil law principles

Moderator: dr hab. Piotr Bogdanowicz, Professor at the University of Warsaw 1) dr hab. Rafał Szczepaniak, Professor at the Adam Mickiewicz University, Adam Mickiewicz University, Public procurement law and the principle of unity of civil law 2) dr Wojciech Robaczyński, Professor at the University of Lodz, University of Lodz, Does the principle of freedom to contract apply in public procurement? 3) dr hab. Ryszard Szostak, Professor at the Cracow University of Economics, Cracow University of Economics, Legal nature of public procurement procedures in the light of the principle of freedom to contract 4) dr hab. Przemysław Drapała, Professor at the Kozminski University in Warsaw, Kozminski University in Warsaw, The Public Procurement Act and the Civil Code – normative, terminological and axiological differences 5) Discussion

  • 11:45–12:00 Coffee break
  • 12:00–13:30 Panel II Public procurement law and civil law mechanisms  

Moderator: dr hab. Przemysław Drapała, Professor at the Kozminski University in Warsaw 1) dr hab. Piotr Bogdanowicz, Professor at the University of Warsaw, University of Warsaw, Amending a public procurement contract – selected issues where public law and private law overlap 2) dr hab. Włodzimierz Dzierżanowski, Lazarski University, An offer in the light of civil law and public procurement law – does it mean the same thing even though no separate definitions exist? 3) dr hab Dariusz Fuchs, Professor at the Cardinal Stefan Wyszynski University in Warsaw, Cardinal Stefan Wyszynski University, Concept of proof of private insurance in the light of the requirements of public procurement law and civil law 4) Discussion

  • 13:30–14:15 Lunch break
  • 14:15–15:45 Panel III Civil law and public procurement procedures

Moderator: dr hab. Ryszard Szostak, Professor at the Cracow University of Economics 1) dr Maciej Lubiszewski, University of Warmia and Mazury in Olsztyn, Invalidation of the selection of the most advantageous tender from the perspective of the Public Procurement Act and the Civil Code 2) dr hab. Wojciech Fill, Professor at the Cracow University of Economics, Cracow University of Economics, Legal nature of rulings issued in competitive proceedings governed by EU Financial Regulation 2018/1046 3) dr hab. Magdalena Małecka-Łyszczek, Professor at the Cracow University of Economics, Cracow University of Economics, Internal control as a concept aggregating issues of public procurement law and civil law 4) Discussion

  • 15:45–16:00 Coffee break
  • 16:00–17:30 Panel IV Liability of the parties to a public procurement contract 

Moderator: dr Wojciech Robaczyński, Professor at the University of Lodz 1) dr Szymon Romanow, Jagiellonian University in Cracow, Joint and several liability and the direct payment obligation – sense or nonsense of the dualism of the investor’s liability to a subcontractor 3) Mirella Lechna-Marchewka, attorney-at-law, Application of civil law in public procurement law: seeking proper implementation of the public procurement directives 4) Discussion

  • 17:30–17:45 Summary and closing of the conference

Prelegenci

Prof. Przemysław Drapała

Wiceprezes Stałego Sądu Polubownego przy Polsko-Niemieckiej Izbie Przemysłowo-Handlowej. Przewodniczący Komitetu Sądu Polubownego przy Okręgowej Izbie Radców Prawnych. Ekspert m.in w Zespole Problemowym ds. umów o świadczenie usług przy Komisji Kodyfikacyjnej Prawa Cywilnego.

Zainteresowania naukowo-badawcze: prawo cywilne materialne (w tym w szczególności prawo zobowiązań), unifikacja prawa cywilnego w UE, prawo handlowe.

W ALK wykłada w Katedrze Prawa Cywilnego. 

Dariusz Fuchs

Post-doctoral fellow, prof. of the university, Head of the Department of Civil Law and Private International Law, Faculty of Law, UKSW, attorney, owner of a law firm and: 
Member of the Scientific Advisory Committee to the Insurance Ombudsman for the term of office 2023-2025;
• member of the European Law Institute based in Vienna;
• member of the Polish European Law Association based in Katowice;
• Member of PESCA (Polish European Community Studies Association) - Warsaw;
• Member of the Publications and Legislation Committee of AIDA (International Association of Insurance Law) - Polish Section;
• author of more than 200 publications on insurance law, civil law and private international law;
• domestic and international arbitrator, entered on the list of permanent or recommended arbitrators at the Arbitration Court of the Polish Financial Supervision Authority in Warsaw, 
• the Arbitration Court at the National Chamber of Commerce in Warsaw and the Arbitration Court at the Regional Chamber of Commerce in Katowice;
• mediator entered on permanent lists of mediators at the Distict Courts in Gliwice, Katowice and Warsaw;
• recommended mediator at the Silesian Arbitration and Mediation Centre in Katowice;
• Member of the Assurance Law Programme Council;
• Member of the group preparing the PEICL (project on insuranc contract) for the European Commission;
• Member of the international expert group preparing PRICL (project on reinsurance contract, prepared with reference to UNIDROIT Project).
• Member of the international expert group preparing the Project on Insurance Prevention within the European Law Intitute Insurance Law Special Interest Group (Vienna).

Włodzimierz Dzierżanowski

Law Professor at the Lazarski University, Legal Councel. In the years 2002 – 2005 Vice-President of the Public Procurement Office. Previously, Deputy President of the Polish Agency for Enterprise Development responsible for spending funds from the support of the European Communities, employee of the Office of Studies and Expertise of the Chancellery of the Sejm.

Author of many publications in the field of public procurement, support for entrepreneurship and regional development. Co-author of the Commentary to the Public Procurement Law published by the Public Procurement Office, as well as co-author of the Commentary to the Public Procurement Law published by the Wolters Kluwer Publishing House. Lecturer on issues related to European integration and public procurement at several public and private Universities. Partner in a law firm and in consulting company - Sienna Advisory Group. 

Marek Miller

Vice-President
On 17 May 2017, Mr Marek Miller was appointed Vice-President of the General Counsel to  the Republic of Poland. 

Counsel at the General Counsel to the Republic of Poland, legal counsel. He co-founded the Office of the General Counsel to the State Treasury and co-authored implementing legislation to the Act on the General Counsel to the State Treasury, as well as internal acts regulating the functioning of the General Counsel. He also co-authored the amendments to the Act on the General Counsel to the State Treasury of 2006, 2009 and 2015. Mr Marek Miller is co-author of the commentary to the Act on the General Counsel to the State Treasury and scientific publications on civil law. From 2006 to 2015, he was Director of the Department of Studies and Analyses of the General Counsel to the State Treasury, of which he was the organizer. 

Mr Marek Miller is committed and successful legal counsel who represented the State Treasury in the most important court proceedings, including proceedings before the Supreme Court, as well as before arbitration courts. He has represented the State Treasury in more than 1,000 court cases. He is author of the concepts of the State Treasury’s positions in many important court proceedings involving the State Treasury. Mr Miller provided opinions and participated in preparations of draft legislation concerning the most important rights and interests of the State Treasury. He also has comprehensive market know-how.
 
He is a valued teacher, among others he teaches trainee legal counsels at the Warsaw Chamber of Legal Counsels. 
Mr Marek Miller graduated from the Faculty of Law and Administration of the University of Warsaw.  

On 14 May 2024, Mr Miller was appointed a Member of the Civil Law Codification Commission.
 

PhD Maciej Lubiszewski

Assistant professor at the Department of Economic Law and Commercial Law, Faculty of Law and Administration, University of Warmia and Mazury in Olsztyn; head of the Postgraduate Studies in Public Procurement Law conducted at the Faculty of Law and Administration, University of Warmia and Mazury in Olsztyn; his research interests focus on the issues of public economic law, especially public procurement law.

dr Szymon Romanow

Attorney-at-law, PhD at law. Adjunct in the Department of Civil Law at the Jagiellonian University. Lecturer in the postgraduate studies "Contract Law in Consumer and Professional Transactions" and "Real Estate Law" at the Jagiellonian University. Author of scientific publications in the field of civil law.

Research Interests: Law of obligations, comparative law and property law (with a focus on security interests).
 

Mirella Lechna-Marchewka

ATTORNEY-AT-LAW, PARTNER
Public procurement. Managing partner.

She graduated in law from the Adam Mickiewicz University in Poznań, completed a postgraduate course on the Washington CITES Convention, and postgraduate studies in environmental protection. After completing a Master of Law degree in Public Procurement Law, in 2019 she started a PhD at the Faculty of Law at the University of Nottingham. She graduated from Harvard Law School in 2024 with a Certificate in Leadership in Law Firms.

She has been with Wardyński & Partners since 1997 and has headed the Wrocław office since 2009. In 2023, she was elected Managing Partner to oversee the work of all local offices, specialist and administration teams.

Her legal work involves three of the firm’s practice areas: infrastructure, transport, public procurement and PPP; environmental protection; and the energy sector. She also coordinates the firm’s Korean Desk and Chinese Desk. The high positions she attains in international rankings such as IFLR, The Legal 500 EMEA and Chambers Europe, attest to her qualifications and the highest quality of her work.

Mirella is also involved in many outside initiatives. She is a joint chair of the International Construction Projects committee of the Inter-Pacific Bar Association, a member of the Council of the PPP Centre Foundation, and a founding member as well as a board member of the Public Procurement Law Association.

Jarosław Jerzykowski

Managing partner at Jerzykowski and Partners Sp. k. law firm. Attorney at law with several years of experience in public procurement, ownership transformation, preparation and implementation of the investment process and projects financed from the European Union budget. Repeated attorney in proceedings before Arbitration Tribunals, the National Chamber of Appeals, District Courts and the Court of Public Procurement. From 2002 to 2004 deputy and then director of the Legal Department at the Public Procurement Office. Participated in the drafting of the Law - Public Procurement Law of 2004. Co-author of commentaries to the Public Procurement Law of 2004 and 2019, the PPP Law and dozens of publications on the subject.

Wojciech Fill

Doctor of law, specializing in economic, administrative and financial law; professor at the Institute of Law of the University of Economics in Krakow; deputy notary and tax advisor; experienced university lecturer; author of several dozen publications, as well as many presentations at national and international scientific conferences.

dr hab. Magdalena Małecka-Łyszczek

Department of Constitutional, Administrative Law and Public Procurement at the Institute of Law of the Cracow University of Economics, author of numerous publications and expert opinions, lecturer at postgraduate studies and training courses in the field of public procurement, member of the Scientific Council of the „Prawo Zamówień Publicznych”.

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