Remote hearings at the National Chamber of Appeal

Podstawa prawna przetwarzania danych przy wysyłce newslettera

Table of contents:

  1. New obligations of participants in the proceedings?
  2. When will the changes take effect?

 

On April 5, 2024, the Government Legislation Center published a draft law amending certain acts aimed at deregulating economic and administrative law and improving the principles of developing economic law. The project includes changes to the Act of September 11, 2019, Public Procurement Law, regarding the appellate proceedings before the National Chamber of Appeal.

The proposed changes in the Public Procurement Law aim to allow parties and participants in appellate proceedings before the National Chamber of Appeal to participate in hearings and sessions remotely using information technology enabling remote communication. Such solutions are currently in place under the Code of Civil Procedure and apply, among other cases, to proceedings resulting from an appeal against the decision of the Chamber.

In light of the above, in order to maintain the timely consideration of appeals, the project adopts solutions conducive to concentrating procedural material at an earlier stage than the hearing and session stage of the appellate proceedings.

New obligations of participants in the proceedings?

In connection with the intention to introduce remote hearings and sessions before the National Chamber of Appeal, the law provides for new obligations for participants in the proceedings, including:

  • The obligation for the contracting authority to submit a response to the appeal (draft Article 521(1)), accompanied by the obligation to specify in the content of the response to the appeal assertions and to present and attach all evidence to substantiate their claims or to rebut the assertions raised in the appeal (draft Article 521(2));
  • The obligation for the contractor who has joined the appellate proceedings to present assertions and to attach all evidence to substantiate their claims or to rebut the assertions raised in the appeal or response to the appeal (draft Article 525(1));
  • The obligation to attach to the document in the appellate proceedings documents referred to in this document, under the penalty of forfeiting the right to invoke them in the course of the appellate proceedings, except for documents included in the documentation of the procurement procedure or case files of the appeal (draft Article 507(4));
  • The obligation to present with the appeal, response to the appeal, or with another document filed before the hearing or public session preceding the hearing, evidence, under the penalty of forfeiting the right to invoke them in the course of the proceedings (draft Article 535(1)).

The deadline for submitting a response to the appeal will be determined by the President of the Chamber (draft Article 521(1)). The President of the Chamber will also set the deadline for the contractor who has joined the appellate proceedings to present assertions and evidence to substantiate their claims or to rebut the assertions raised in the appeal or response to the appeal (draft Article 525(1)). Failure to meet the deadline set by the President of the Chamber may result in the loss of the opportunity to present evidence (draft Article 535(1)), unless such evidence is presented with another document filed before the hearing or public session preceding the hearing. In such circumstances, the inclusion of evidence not presented before the hearing or public session may only be allowed if earlier acquisition of evidence to support their claims or rebuttal of the opposing party’s claims was not possible or the need to invoke them arose during the appellate proceedings (draft Article 535(2)), or if they are in the documentation of the procurement procedure or case files of the appeal (draft Article 507(4)). The same rules apply to evidence not raised in the appeal. The Chamber will refuse to conduct late evidence (draft Article 541).

When will the changes take effect?

It is planned that most of the proposed changes will enter into force on January 1, 2025, with the exception of provisions relating to appellate proceedings before the National Chamber of Appeal (under the Public Procurement Law), which will enter into force on January 1, 2026.