Abstract
The publication addresses the issue of the prohibition on making available of unawarded
competition entry and study elaborations under Article 358(4) of the Public Procurement Law.
Article includes an assessment of the current regulation in the context of the principle of proportionality
in lawmaking, as well as the legitimacy of its establishment in terms of preventing
a competition participant from exercising his right to a court, as well as in terms of compliance
with the principle of openness and the principle of equal treatment of economic operators. As
a consequence of the analysis of this regulation, arises a concern about its compliance with
the provisions of the Constitution of the Republic of Poland and the Public Procurement Law,
and the effects of its enactment are negative, therefore the publication includes a proposal to
amend the regulations in this regard.