Contemporary Central & East European Law
Contemporary Central & East European Law (CC&EEL) is a scientific journal of the Institute of Law Sciences of the Polish Academy of Sciences, replacing the suspended in 2000 quarterly bilingual journal published since 1964, titled ‘Droit Polonais Contemporain – Polish Contemporary Law’ (ISSN 0070-7325). The aim of the CC&EEL is to publish the works of outstanding researchers from the region concentrating on current legal issues relevant to Central and Eastern Europe. Papers concerning all areas of law, in particular adopting comparative and interdisciplinary approaches, are welcomed.
Institute of Law Studies of the Polish Academy of Sciences
The author transfers the copyright to the article to the Publisher, which publishes the scientific journal in the Open Access model (licensed under Creative Commons CC 4.0_BY).
Reflections on the Nature of an Energy Company: Inspirations from Stanisław Kasznica
In his manual Polish Administrative Law Stanisław Kasznica dedicates a section to public institutions, which can be categorised into public establishments (e.g. public schools) and public undertakings (e.g. state-owned banks) based on their purpose and the governing law. The author explores how Kasznica’s insights can aid in understanding the nature of a public undertaking, as regulated by contemporary law and discussed in case law and doctrine. He concludes that it is worth considering whether the legal definition of an energy company should reflect its fundamental role in the economy and society, given the universal good it provides in the market. Furthermore, he suggests that defining public undertakings legally would be valuable.
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Remonstration as a Means of Simplifying Administrative Procedure in Selected Jurisdictions
Remonstration has long been present in Polish legislation and the practice of law application. It also has a long tradition in other countries, especially the legal systems of the German-speaking area. The genesis of this institution indicates that it was an imperfect (legal) measure, since its consideration depended solely on the goodwill of the ruler or the authority authorized by him. Remonstrance generally “goes hand in hand” with the institution of self-verification, being part of the various forms of self-verification, in many legal systems. Undoubtedly, it is part of the system of self-control, since it allows for the verification of a previously made decision by the same administrative body that made it. Simplification of administrative procedures is a very attractive slogan. For many years, the legal systems of various countries have been looking for legal solutions and systemic solutions to reduce bureaucracy in administration. Simplification of procedures in administration is aimed at reducing excessive and unnecessary formalities in the area of public administration functioning. Achieving this goal is possible in various ways. One of them is the introduction of appropriate legal measures into the system of administrative procedures. An example of these is the institution of “administrative silence”/“tacit settlement of a case by an administrative body”. Remonstration is another example of a legal measure through which a final resolution of a case can be obtained quickly and without unnecessary costs. The legal remedy of remonstration is perfectly in line with the current administrative policy of many countries, striving – on the basis of individual normative solutions – to ensure that each case is resolved quickly, efficiently, effectively and with the least possible involvement of public funds. And it is indisputable that the fastest way to eliminate defects in administrative decisions is to correct them by the same body that issued the decision. Mobilizing the resources at the disposal of a higher level authority, or an administrative court, requires the involvement of greater forces and resources. In contrast, the activation of the internal verification procedure, as a rule, makes it possible to speed up the settlement of the case and avoid many of the inconveniences, including costs, resulting from continuing the appeal procedure. An important advantage of self-monitoring is that it leads to faster handling of the case, and therefore serves to implement the principle of speed of proceedings, as well as promotes the efficiency of proceedings before public administration bodies. Undoubtedly, the use of remonstration also promotes the efficiency of administrative proceedings, since the inclusion of remonstration makes it possible to quickly and efficiently remove the indicated deficiency. This, in turn, reduces the cost of the proceedings, since obtaining a decision by the interested party in this way – which takes into account the applicant's request – makes it most often unnecessary to continue the proceedings through an appeal or administrative court.
simplification of administrative proceedings
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The Public Establishment as an Example of an Institution of Administrative Law in Constant Evolution
The functioning of public establishments has been a topic of significant interest in administrative law doctrine for several decades. This institution of administrative law is typical of continental systems and is rooted in both Western traditions (such as French and German law) and the legal systems of former communist countries. This study presents the basic issues related to public establishments, including a historical and comparative legal outline and their characteristics. Particular attention will be paid to the contemporary understanding of the concepts of establishment relationship and establishment authority. Additionally, the basic research dilemmas in this area will be examined from the perspective of the 2020s. The article concludes with a summary.
Water Service as a Means of Ensuring a Public Good and the River Basin Management Plan in the Context of Procedures for General and Specific Acts: EU Institutions Against the Background of Professor Kasznica’s Work
The subject of the article is the institutions of European law as defined by the Water Framework Directive. They are mentioned in the title of the article. It is important that both of these institutions are described and analysed in the context of Professor Kasznica's scientific output concerning the manner of ensuring the use of a public thing (here, the water service) and in the context of the procedures of applying general and specific acts (here, the river basin management plan). It is shown that the scientific theses of the professor remain valid also in the context of the regulations of European administrative law.
Public Administration and Criteria of Good Administration in the Works by Professor Stanisław Kasznica
The subject of analysis in this article is Professor Stanisław Kasznica’s reflections on public administration. His postulates concerning the functioning of public administration with the criteria of “good administration” are compared with the current understanding of the matter. The main intention is thus to demonstrate the validity of the theses put forward by the professor. In conclusion, it can be stated that the main thesis of the article has been confirmed, that most of the assumptions in the relationship between the administration and the individual were previously known and inspired the postulates raised by contemporary authors. These demands were a harbinger of the adoption in the EU of one of the fundamental rights of the EU – the right to good administration.
Legal Position and Organisation of Independent Regulatory Authorities in Poland
The article discusses the emergence and role of independent regulatory bodies in Poland, which were not part of the country’s administrative law during the Second Republic (1918–1939) or the People’s Republic of Poland (1945–1989). These bodies began to develop in the 1990s, influenced by European Union regulations designed to foster an internal market. The article examines how Poland, transitioning to a democratic state with a market economy after 1989, restructured its administrative apparatus to incorporate these bodies. The concept of national regulatory authorities (NRAs) is explored, with a focus on their role in regulating specific sectors of the economy, such as infrastructure, financial services and competition protection. Regulatory authorities are defined as bodies that intervene in markets to promote competition, prevent monopolies and ensure the provision of essential public services. The article also addresses the flexibility in how EU law defines and shapes NRAs, allowing each Member State to adapt these bodies to its specific needs. The Polish legal system is analysed to identify whether a distinct ‘Polish model’ of an NRA exists, and this is compared to the approaches of other EU countries.
Gradability of Public Law Interference with Property Rights: Valdity of Stanisław Kasznica’s Considerations on the Subject
The study demonstrates the actuality of the theses put forward by Stanisław Kasznica in the interwar period as regards the types of public law interference with the right to property. It is possible to make such an assessment, since immediately after Poland regained its independence the rule of law and the protection of private property were inscribed in its political foundations. Because Kasznica was aware of the fact that private property would be increasingly used in the public service, he made a graded classification of this interference on the basis of the regulations in force at the time. It turns out that his classification is also applicable in the Polish legal order in force.
gradation of interference with the right to property
Reflections on What Modern Administrative Law has Lost from Professor Stanisław Kasznica’s Views on Public Service
The interwar period marked the golden age of Polish administrative law, during which many of its key institutions were established or developed. One such institution was the model of public service, which – rooted in public law principles – comprehensively and logically shaped administrative law. Among the foremost figures shaping administrative law during that time was Professor Stanisław Kasznica. This article juxtaposes his thoughts and proposals with the current state of this field of Polish law, providing an assessment of the present condition of Polish administrative law.
Transformation of the General Administrative Procedure Model Under the Influence of the Pragmatisation, Automation, and Europeanisation of Administrative Jurisdiction
The model of the general administrative procedure in Poland is governed by the Code of Administrative Procedure of 14 June 1960. This act has undergone numerous amendments aimed at adapting the administrative procedure to the requirements of a democratic state governed by law and providing appropriate procedural guarantees to individuals. Despite the phenomena of decodification and atomisation of the administrative procedure resulting from specific regulations, the code model of administrative procedure remains the fundamental formal and procedural framework for the jurisdictional activities of administrative bodies. Contemporary trends in modernisation are characterised by several development directions, including: pragmatisation, which involves the de-formalisation of activities towards third-generation procedures; automation, which relies on electronic data processing systems; and Europeanisation, encompassing the development of procedures integrated with European Union law. These trends lead to new institutions and legal regulations being introduced into the model of the general administrative procedure, such as simplified procedures, the tacit settlement of cases, electronic deliveries, the handling of cases using automatically generated documents and European administrative cooperation. With this in mind, the study focuses on the analysis and assessment of the impact of pragmatisation, automation and Europeanisation on code regulations governing administrative jurisdiction. It aims to formulate conclusions regarding the appropriateness of current amendments and propose recommendations for future changes.
The Institutionalisation of Values in Light of Stanislaw Kasznica’s Work
The life and work of Professor Stanisław W.A. Kasznica follow values in a special way. This is indicated by his scientific output, his curriculum vitae and also the history of his family. This article analyses S. Kasznica’s textbook Polskie prawo administracyjne: pojęcia i instytucje zasadnicze (Polish Administrative Law: Basic Concepts and Institutions), 2nd Edition, Poznan 1946 to determine how, in his scientific output, S.W.A. Kasznica assigned values to the legal and juridical institutions he described. The first method is the contextual “indirect” assignment of values to a given legal institution (i.e. resulting from the general overtone meaning of a given passage of text). The second method of institutionalising value refers to value as transcendental. The third method used is the direct criticism or negation of certain institutions in a way that indicates that their antithesis is some kind of good. The fourth method of institutionalising values is to define certain institutions by directly indicating that the institution serves values. This is, in other words, the introduction of certain values into the content of a legal institution. The fifth method of value institutionalisation by S. Kasznica is based on signalling how certain anti-values objectively external and internal to the law can nevertheless be beneficial to the law. Of course, these observations are made on the basis of an analysis of the practice of public authorities and take the form of statements tinged with a slight cynicism. S. Kasznica points out in this case how the “slowness”, or in other words the procedural incompetence of the parliamentary legislature, can peculiarly counteract the inflation of the law.
Current Issues in the Transcription of Birth Certificates for Children of Same-Sex Parents: Selected Remarks in Light of Administrative Court Jurisprudence and Stanislaw Kasznica's Thought on the 'Authoritative Interpretation of Legal Norms Contained in Legislative Acts”
One of the problems addressed in Stanisław Kasznica’s work was the importance of administrative court rulings in the process of interpreting administrative law. In order to illustrate this in the current state of the law, judgments of administrative courts – the RAC and the HAC – were selected in cases involving complaints against decisions of provincial governors upholding decisions of heads of the civil registry office refusing to transcribe the birth certificate of a child in which people of the same sex were indicated as parents, as well as a specific resolution of a panel of seven judges of the HAC of 2 January 2019, II OSK 1/19.
Legal Succession in Polish Administrative Law
The implementation of succession of rights in administrative proceedings raises many controversies in science and case law. The article presents key controversial issues in a comparative approach. The author defends the thesis on the effectiveness of civil law actions for rights and obligations in the sphere of public law.
Tort Liability of Public Authorities in Light of the Legal Doctrine of Stanislaw Kasznica's Era and Contemporary Doctrine: The Remarks of a Civil Law Specialist
The author of the text notes that the development of administrative law and its science at the turn of the 19th and 20th centuries was related to the development of the law on tort liability of public authorities. This is most evident in the example of French law. It is one of the few cases where the science of administrative law and administrative court judgments contributed to the development of civil law and its science. It is about the issues of tort liability of legal persons characterized by an extensive organizational structure. Therefore, it makes sense to analyze the issue of tort liability of public authorities in connection with the analysis of the scientific achievements of Stanisław Kasznica, an outstanding Polish specialist in administrative law. The author claims that the publications of Stanisław Kasznica, especially his textbook Polish Administrative Law, first edition 1943). influenced the development of both Polish administrative law and the law on tort liability of public authorities. In particular, i.a. under the influence of this author’s position, the opinion that the tort liability of public authorities is of a civil law and not administrative law nature has become established in Poland. The author of the text tries to show that the issue of tort liability of public authorities generates legal problems in every epoch. The problems that exist today differ from those that existed in the times of Stanisław Kasznica. Concluding his arguments, the author puts forward the thesis that the issue of tort liability of public authorities tends to elude the standards of classical civil law. Therefore, these issues should be dealt with by both civil and administrative law specialists.
scientific achievements of Stanisław Kasznica
The Administrative Act: Yesterday and Today (Reflections on the Thoughts of Stanisław Kasznica)
The book of Stanisław Kasznica: The Polish Administrative Law. Concepts and Basic Institutions, Poznań 1947, may be treated as the synthesis of achievements related to the contemporary scientific thought but at the same time it can be a “lodestar” determining the tendencies of research. It was a serious challenge at least for the part of scientific society as regards the conditions of creating the basis of socialism. They faced a dilemma: whether and to what extend the concepts worked out in the legal systems respecting universal ideas of liberty and the Rule of Law are to be adapted in the different political and constitutional reality. Life provided a clear answer to that question. This what constitutes a product of legal culture of many countries and the truth about them have survived and they have even created solid foundations for the further development of the science of public law in Poland. The concept of the administrative act, presented by the author have undergone several modifications resulting from the transformation of administration itself, technological advancement and new tasks of the country. However, it is still a source of inspiration and reference for research conducted contemporary.
administrative act; physical and informal acts
codification of administrative procedure
Access to Administrative Files and Access to Public Information: At the Crossroads of Information Rights
The course of administrative proceedings is documented in the files of an administrative case. Over the development of administrative law, the legislator has established various legal regimes to guarantee that entitled persons have access to all or part of the procedural materials collected in these case files. This article aims to present the two basic regimes of access to case files and analyze their interrelationship. The research demonstrates that, although the regulatory scope of these regimes partially overlaps, there are significant differences in terms of their subject and object. Nevertheless, mutual interaction between these regimes is evident, particularly in how they have evolved over time. The paper concludes with a negative answer to the question of whether the right to public information can substitute a party’s information rights under the Administrative Procedure Code. Each of the two access regimes serves a distinct purpose and is governed by specific regulations tailored to that purpose.
Scientific Contributions and Legacy of Prof. Stanisław Kasznica in the Memories of Prof. Józef Filipek and Prof. Janusz Homplewicz
The article presents unknown or little-known aspects of the life of prof. Stanisław Kasznica and his family. In particular, Krakow threads were presented, including the memories of prof. Józef Filipek and prof. Janusz Hoplewicz.
Efficiency Rules for the Organisation and Functioning of Public Administration in the Views of Professor Stanisław Kasznica
This article refers to the issue of the administrative apparatus system in the views of Professor Stanisław Kasznica. On their basis, an attempt was made to reconstruct efficiency guidelines concerning the formation of public administration structures, relations between them as well as administrative tasks and competences. A catalogue of these praxeological rules justifies the claim that the Professor’s views remain fundamentally up-to-date both for the contemporary science of administrative law and in the sphere of administrative science.
rules of operation of administration structures
regulation of administrative competences
Administrative Fines as Instruments of Legal Influence
Administrative power is an attribute of public administration which is a reflection of state power. Thanks to it, the administration can unilaterally shape the legal situation of the administered persons, exercising the powers granted to it. However, the scope and manifestations of power must be regulated in statutes, which is a prerequisite for exercising control over the administration in a democratic state ruled by law. The functions, goals and tasks of the administration evolve, the intensity and manifestations of administrative power also change, yet it is still a permanent feature of administration and there is no indication that this will change. The article shows the evolution of power in various manifestations of administration activity, both in legal and factual activities. The changing models of the administrative procedure and, consequently, the degree of intensification of the authoritative actions in the classical sense of authority in the issuance of administrative acts were analysed. The characteristic types of authority were also indicated, such as: planning authority, statutory authority, organizational and functional authority, plant authority.
Model of Adjudicatory Powers of Polish Administrative Courts
The issue of the shape of adjudicatory powers of administrative courts (cassation or substantive) is currently one of the most important research areas of the European doctrine devoted to judicial control of administration. These issues are currently being discussed in Poland, which translates into changes in the legislation regulating judicial-administrative procedure. The purpose of this article is to present, to a foreign reader, what the Polish model of judicial control of public administration currently looks like in terms of adjudicatory competences of administrative courts, with particular emphasis on the power to rule on the merits by administrative courts. In order to synthesise the issue in question, firstly the process of development of these competences is presented against the background of regulations of individual procedural acts. It is followed by a presentation of the reasons why the Polish adjudication model is supplemented with competences which make it possible for administrative courts to adjudicate on the merits. Then practical and doctrinal problems linked to a given adjudication model are dealt with. The conclusion of the article contains a summary of the above considerations, coupled with an attempt to fit the Polish adjudication model into the author’s scheme of models currently found in Europe. The discussion ends with a forecast of further development of the presented model.
judicial review of public administration
adjudicatory powers of administrative courts
proceedings before administrative courts
Administrative Action According to Stanislaw Wincenty Kasznica: The Beginnings of the Polish Science of Legal Forms of Public Administration Action
One of the key characteristics of administrative law is the diversity of entities acting on behalf of the state and the multitude of areas requiring administrative-legal regulation. As a result, there is also a greater variety of actions taken by parties involved in legal relations than in other branches of law. Contemporary doctrine offers numerous studies dedicated to administrative actions. However, it is important to remember that such dynamic development of this field of research would not have been possible without the contributions of pre-war Polish scholars of administrative law. A particularly notable contribution was made by Stanisław Wincenty Kasznica, who was the first to present and organize a catalog of actions undertaken by the administration. The concept of “administrative action”, proposed by the Professor, can be seen as the first attempt to formulate what has since evolved into the structure that today we refer to as the “form of administrative action”.
The constitutionalisation and Europeanisationof private law as key concepts in the contemporary general theory of the state and the studyof constitutional law in the EU from the perspective of Central and Eastern European countrieshe state and the study of constitutional law in the EU
The author puts forward several hypotheses and verifies them. Three of them are the most important. Firstly, despite the fact that Europeanisation and constitutionalisation are broad concepts that have ramifications in all areas of law, their most significant manifestations nowadays pertain to private law. Secondly, the constitutionalisation and Europeanisation of private law have not only become crucial issues in contemporary civil law theory, but also in the contemporary theory of the state and constitutional law studies. This hypothesis can also be reformulated as follows: civil law, through its constitutionalisation and Europeanisation, has become one of the key issues in the contemporary theory of the state and constitutional law studies. The author notes that perhaps the most characteristic phenomenon within the constitutionalisation and Europeanisation of the law is the horizontal application of principles and values of constitutional rank. Yet horizontal relations are, by definition, the domain of private law. Thirdly, this is the first time in European history that private law has been so programmatically linked to the emergence of a supranational structure – which is what the EU is currently developing into. This last hypothesis contains a certain paradox, because the view has long been held that classic civil law is by definition the law of a free society, which could at least theoretically exist without a state. It is therefore necessary to ask how this entanglement of private law in the process of European integration affects private law, that is, its classic role and functions. Therefore, the author also tries in the last part of the text to assess the constitutionalisation and Europeanisation of private law from the perspectives of the study of private law, the general theory of the state and the study of constitutional law.
Interdisciplinary and eclectic research methods in legal sciences
Transferring grave ownership (law analysis)
he article focuses on the analysis of the right of sepulchre in order to determine the possibility of its alienation. Today’s jurisprudence and judicature have developed the concept of the right of sepulchre as rights of a variable and heterogeneous nature, constituting a bundle of tangible and intangible entitlements. Although it seems to protect the personal rights of the relatives of the deceased, it does not protect the rights of the original holder of the grave at all. Moreover, according to the aforementioned concept, at the moment of entombment, the “right to the grave spills over”, and from then on it appertains to a wide circle of holders. As a result, the alienability of the right of sepulchre is subject to far-reaching restrictions. The author proposes a distinction between the right to an empty grave and the right to a grave with which someone has already been buried, as this would allow us to determine the transferability of the right.
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Constitutional law matters of sustainable development under martial law: The case of Ukraine
The article discusses a general vision of constitutional law matters related to sustainable development during wartime in Ukraine. The research contributes to the study of legislation by using legal norms, acts and cases. Enshrined in the Preamble of the Constitution of Ukraine, the state strategic course for Ukraine’s full membership in the European Union and NATO provides for positive developments in approximating Ukrainian legislation to EU regulations. The article shows that the benefits of cooperation for sustainable development may occur only if the central and municipal authorities undertake environmental protection measures in Ukraine in three dimensions: environmental security and preventing the pollution of the environment during the war; private–public cooperation under martial law; and community leadership and mass media contacts.
Corporate sustainability in Ukraine: Challenges of European integration
The article examines the draft EU Directive on corporate sustainability due diligence and its significance for Ukraine as an aspiring EU member. I explore the concept of corporate sustainability and its relationship with the corporate social responsibility, the CSR obligations of Ukraine stemming from its Association Agreement with the EU, and its not-so-successful attempt to introduce the non-financial reporting. The analysis then shifts to the proposed Directive, highlighting its departure from voluntary CSR to normative corporate standards. I delve into the problematic aspects of the proposal, categorizing them into: a) general challenges pertinent to any nation implementing the Directive, and b) challenges specific to Ukraine.
Green marks and local economic development
Both municipalities and local entrepreneurs can take advantage of ‘green marks’ (or ‘environmental’ marks). European citizens are increasingly interested in purchasing environmentally friendly goods or services. Protection of the environment is also of crucial importance for cities and local entrepreneurs. Both municipalities and local entrepreneurs should consciously take advantage of various types of ‘green’ guarantee signs or ‘quality’ signs. Firstly, signs supervised by the European Union – like the ‘ecolabel’, EU organic production logo or EMAS – should be distinguished. ‘Green’ marks could be also created and registered as guarantee (certification) marks by municipalities or entrepreneurs themselves. The aim of the article is to present a way to protect ‘green marks’. It was necessary to ask certain questions: Is the protection of individual trade marks dedicated to designations of quality? What kind of signs are protected as a common mark or certification mark? What is the role of green guarantee marks? The basic research method for this article was analysis of EU law and practice in the protection of green marks.
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The legal situation of minor parents in determining the parentage of their child and placing it for adoption
The issue of parentage of minors is one of the contemporary legal challenges. It is very important for society, as reflected in the significant number of minor parents and the media’s interest in their functioning. The youngest mothers are girls aged 12. Minor parents have limited legal capacity, remain under the parental authority of their parents until the age of majority and do not have parental authority over their children. They may only participate in the ongoing care and upbringing of their children, unless the guardianship court decides otherwise due to the child’s best interests. For this reason, it is important to determine whether they can submit declarations necessary for the recognition of paternity, participate in court proceedings related to the determination of their child’s parentage or consent to the placement of a child for adoption.
The impact of a company ownership structure on managing airport functions
This study analyses the problems of privatisation in the aviation industry by comparing airport ownership structures. In the context of the global perspective, this study focuses on airports located in the EU. Due to the supremacy of EU law over national legal systems, these airports function in a comparable legal environment. The analysis considered the following as main airport functions: investment capacity, environmental impact, public service provision, and ensuring security. The EU law refers to all entities regardless of their ownership structure and location. Moreover, public financing is submitted to provisions concerning state aid. This article shows that ownership structure does not influence airport functions. There are several regulations granting this, and the case study of ECJU rulings has proved that these regulations are effective. Their effectiveness for the future, if the participation of private capital increases, should be the subject of further auditing. From this study arises the question of the effects of possible deregulation of the aviation market. This study can potentially help aviation industries look at ownership issues, specifically those of airports, through the perspective of regional, public welfare, and local economy. This changes the motivation of airports as nodes of global commute from a local perspective. It is also a voice in the discussion about the consequences of possible privatisation in the aviation market.
The social objectives of EU public procurement law – evolution or revolution
The article traces the evolution of the goals of public procurement procedures in European Union law. It examines EU secondary legislation along with its interpretation in the case law of the Court of Justice of the European Union (CJEU) from the 1970s onwards. Firstly, the article presents the EU law from the 1970s to the 1990s, when the coordination of public procurement procedures in the EU focused almost exclusively on economic objectives, such as opening up procurement to competition and ensuring the free movement of goods and the provision of services. Secondly, it examines the shift observed in the 2004 directives and relevant CJEU case law which started viewing procurement procedures as a tool for pursuing non-economic goals, such as social objectives, though this was only moderately reflected in EU law at the time. The final part of the article discusses the provisions of the current 2014 directives. The conclusions highlight a gradual shift in EU public procurement goals, evolving from purely economic objectives to include other goals, such as social objectives.
Repair of procurement damage: discussion on the basis of the supreme court’s Resolution of 25 February 2021 (III CZP 16/20)
The text discusses the judgement of Supreme Court’s resolution regarding compensation for damages resulting from violations of public procurement laws by contracting authorities. The resolution clarifies that contractors can seek damages without first obtaining rulings from appeal or complaint procedures. The absence of specific regulations in both previous and current legislation regarding compensation claims further underscores the importance of this ruling. The text examines the implications of the ruling on the public procurement system, emphasizing the need for alignment with EU directives and consideration of civil law liability for damages. Author also suggests the necessity of legislative amendments to address the legal gap and ensure effective remedies for aggrieved contractors, echoing similar practices in other European countries.