| Abstract [eng] |
The present Master Thesis focuses on the problems related to the new EC directives regulating public procurement as well as their implementation in the legal system of the Republic of Lithuania. On March 31, 2004 the European Parliament and the Council established Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and Directive 2004/18/EC coordinating the procedures for the award of public works contracts, public supply contracts and public service contracts. These directives set the simpler and more straightforward framework for legal regulation of public procurement, generated opportunities to apply modern technologies, created favorable conditions for competition in the market and market expansion, and the effective use of the public sector funds. The new institutes established in the above-mentioned directives also encourage the usage of public procurement as a tool in achieving certain goals in environmental protection, social security and corruption reduction. In order to reveal the problems related to the new EC directives regulating public procurement as well as the problematic aspects of their implementation in the national legal system of the Republic of Lithuania, and taking into account the jurisprudence of the Court of Justice of the European Communities, the present paper first of all analyzes the origins of the said directives, the object of regulation, the principles, and the rules of public procurement management set by the directives. Comparative, systematic and teleological methods were employed in the further research, the results of which suggested that the application of some of the provisions of the directives in question to the Lithuanian law was a failure. The other aim of the study was to investigate if the national courts of the Republic of Lithuania were carrying out their obligations in researching and applying the Public Procurement Law considering the goals of the analyzed directives. A significant part of attention was devoted to the analysis of the in-house agreement institute and to the right of the Lithuanian purchasing organizations to apply this institute. The final part of the research paper focuses on the problems which arise from the economi entities’ attempt to defend their rights and interests related to the public procurement as well as their abilities to directly apply the norms of the new EC directives when filing a claim in court. |
