Perkančiųjų organizacijų diskrecijos problemos derinant skirtingus interesus viešuosiuose pirkimuose

Abstract

In the doctoral dissertation “Problems of Contracting Authoritie’ Discretion in Balancing Different Interests in Public Procurement”, the theoretical and practical problems of discretion in balancing different interests in public procurement are analysed. The purpose of discretion strongly correlates with the coordination of interests, resulting in an obligation to use discretion as a legal measure in balancing public and tenderers’ interests. The institution of discretion provides contracting authorities with legal possibilities to properly apply the principles of law and coordinate their own and the tenderers’ legitimate interests with the public interests of the society on the basis of the formed case-law while carrying out individual public procurement procedures, i.e. to acquire the necessary goods corresponding to their needs by using the minimum freedom of action. The author identifies the problems of the implementation of the contracting authorities’ right of discretion and makes proposals for their resolution in order to ensure the balance of different interests in public procurement.