Viešųjų pirkimų ginčų sprendimo tvarkos ypatumai ir efektyvumas

Abstract

In doctoral thesis “Particuliarities and effectiveness of Public Procurement Dispute Resolution Procedures“ cross-sectoral public procurement institution as well as its development and disputes, which appear in this field, is being analysed. As public procurement is a complex system that combines various elements and expresses the need to coordinate within each other different interest, its legal regulation is extremely important in order to make this system to function properly. For this reason detail legal rules of behavior, regulating the process of public procurement, are envisaged together with legal norms establishing the system of settlement of disagreements, which arises between contracting authorities and suppliers during the public procurement. The paper focuses on the requirements which are setted in European Union Law and practise of European Court of Justice for regulating the review procedure of contracting authorities’ decisions (which in Republic of Lithuania is implemented by granting right to suppliers to present claims to the courts of general jurisdiction). As well, this doctoral theses present an overview of the public procurement dispute resolution systems which are operating within EU as well as examinates the Lithuanian order of dealing with such a disputes. The paper discusses the advantages of specialized review of the decisions of contracting authorities and the good practices of foreign countries, where public procurement disputes are investigated by special institutions. In order to find possibilites to improve the existing Lithuanian public procurement dispute system, main disadvantages of existing procedure are being discussed and the need to establish the specialised unjudicial body is presented.