Konkurencijos užtikrinimas organizuojant viešuosius pirkimus

Abstract

This study is designed to solve the competition concerns arising in public procurement. The study aims to identify the links between the various possible ways of competitive environment in public procurement. Therefore, the investigation conducted addresses a fundamental issue of what criteria and arguments should be followed when determining whether the procedures of public procurement comply with the legal requirements of competitive environment? With regard to the aforementioned fundamental problem issue, the paper will aim, in particular, to analyse the legal sources of public procurement (legislation, case law, legal publications of scholars), and to formulate conclusions and proposals with regard to the possibilities to improve the legal environment of public procurement. In order to solve the above problems, it is appropriate to look for clearer criteria which would make it possible to state a violation of competition environment or, in contrast, to hold that the contracting authority’s decisions have not violated the competition, and also to seek reasonable balance between competitive environment and the need for the contracting authority to acquire the product it needs.