Perkančiųjų organizacijų diskrecijos problemos derinant skirtingus interesus viešuosiuose pirkimuose
Santrauka
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.