Number of cases on public procurement increases in administrative courts every year, and consequently, range of issues reviewed in the Supreme Court extended as well. This fact urged the Department of Administrative Cases to summarize aspects of application of public procurement procedure and control of rule of law, thus establishing both an opportunity to uniform future case-law and an opportunity for interested persons to get acquainted with previous conclusions of courts together.

The compilation is grounded on rulings of the Supreme Court prepared in cases on public procurement between 2004 and 2014, and single conclusions of the court regarding general legal issues. Taking into account that special legal regulation had changed during this time, those rulings, which include conclusions related only to change of regulation or where legal norms applied are not effective anymore, are not reviewed separately.

Rulings adopted in relation to procurements of public service providers are also used in the summary, although those are not stressed particularly, taking into account that conclusions expressed in practice previously refer to legal regulation as far as it is similar both for procurements of public service providers and  public and municipal procurement.  

Rulings adopted in relation to concession procedure, if norms of Public Procurement Law were used there by analogy, are also used in the summary. Concession procedure is not reviewed particularly, as there had not been adopted rulings, where effective legal regulation on concluding of a contract – the Law on Public-Private Partnership was applied on the merits.  

Since legal regulation of the European Union is implemented in the Public Procurement Law and the Law on the Procurement of Public Service Providers, case-law of the European Court of Justice should also be used in interpretation and application of legal norms. That is why the summary is supplemented also with conclusions of the European Court of Justice and the General Court on issues, which had been topical in the Supreme Court, on such procurement aspects, which have not developed in Latvian practice yet.   

Summary is performed by Mg.iur. Liva Skujina, the assistant to the judge of the Department of Administrative Cases of the Supreme Court. The summary is prepared in cooperation with the Department of Administrative Cases and the Division of Case-law of the Supreme Court.

Available 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: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211