Opinia prawna i merytoryczna na temat poselskiego projektu ustawy o zmianie ustawy o utrzymaniu czystości i porządku w gminach

The proposed bill strengthens the role of municipalities in deciding on waste management decisionmaking within their area. In the authors view, the bill does not violate the constitutional principles of the social market economy or free enterprise. The adoption of the proposed provisions may have considerable impact on the municipal waste collection market, therefore it is worth considering establishing of a longer period of “absence of laws” (vacatio legis) or adoption of the transitional provisions. It was pointed out that the concept of a predominant part of the activity in the field of public services for the local government units used in the bill is broader in scope than the requirement of more than 80% of activities set out in Directive 2014/24. This may lead to awarding a public contract without a competitive procedure to companies that do not meet the requirements of the Directive.