9 December, 2015
Observing the increase of court cases related to procurements and more extensive range of legal issues examined therein, the Supreme Court updated compilation of court decisions in cases on public procurement, which was elaborated last year.
The purpose of the compilation of court decisions is to systematize aspects of control of application of procurement procedures and lawfulness thereof, which were previously examined by the Supreme Court, establishing the opportunity to uniform further case-law and the opportunity for interested individuals to get familiarized with court conclusions together.
Compilation of previous year, which includes case-law since 2004, is supplemented with new conclusions, and for the purpose of clearness, structure of the summary has also been changed.
Taking into account that specific legal regulation had been changed between 2004 and 2015, those rulings, which included conclusions related only with change of regulation or applied legal provisions are ineffective anymore, were not particularly reviewed.
The compilation comprises rulings, which were adopted in relation to procurements of public service providers, observing the fact that previously expressed conclusions refer to legal provisions, insofar as those are similar to procurements of public service providers and state and municipal procurements. Rulings adopted in relation to concession procedure, if provisions of the Public Procurement Law are used therein by analogy, are also used.
As legal provisions of the European Union are embodied in the Public Procurement Law and the Law on the Procurement of Public Service Providers, case-law of the Court of Justice of the European Union has also been used in interpretation and application of legal provisions. Therefore, the summary is supplemented also with conclusions of the Court of Justice and the General Court.
The compilation is structured in two parts. The section on procedural aspects of control over the lawfulness of procurements comprises issues, such as admissibility of judicial control in administrative procedure, participants to a case, interim protection and examination of the case in the Procurement Supervision Bureau. However, when examining substantive law aspects of the public procurement, the attention is paid to procurement documentation, assessment of bidders and offers, explaining of the offer and correction of mistakes, advantages outside requirements stipulated in documents, negotiation procedure and other issues.
The compilation is prepared by Mg.iur. Liva Skujina, the assistant to the judge of the Department of Administrative Cases of the Supreme Court, in cooperation with the Department of Administrative Cases and the Division of Case-law.
The compilation of court decisions in cases on public procurementsis available in Latvian language on the web site of the Supreme Court www.at.gov.lvin Section Judicature/ Compilations of court decisions / Administrative law
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: email@example.com, telephone: 67020396, 28652211