Начело конкуренције у поступцима јавних набавки услуга од општег економског интереса
Principle of competition in public procurement procedures of services of general economic interests

Summary/Abstract: The acquisition of goods, services and public works is based on the bestprice and quality ratio, which cannot be achieved without an adequate level ofcompetition on the market. Whereas competition between competitors in an opencall for tenders depends on the award criteria and terms set out by the contractingauthority, public bodies may under certain circumstances limit the competition fora market. Such exceptions must be justified by the public interest criterion.Considering that services of general economic interest (SGEI) represent a specialsegment of a competitive market economy, this paper focuses on the duty ofcompetitive conduct of public authorities in procuring services of general economicinterest. The primary law of the EU is neutral as regards the character of ownershipand recognizes two categories of privileged enterprises: those with special andexclusive rights. The subject analysis focuses on the sources of the European Unionlaw and the practice of the European Court of Justice, which establish the legalframework for ensuring competition in the procurement of services of generaleconomic interest. It also provides an overview of existing limitations in this area

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