VIEŠŲJŲ PIRKIMŲ KONFIDENCIALUMO REIKALAVIMAI: KONKURENCIJOS UŽTIKRINIMO IR TEISĖS Į GYNYBĄ PUSIAUSVYRA
REQUIREMENTS OF CONFIDENTIALITY IN PUBLIC PROCUREMENT: BALANCING THE PRINCIPLE OF COMPETITION AND EFFECTIVENESS

Summary/Abstract: Contracting authorities and courts have a duty not to disclose confidential information of suppliers. The main focus of this article is the duty of confidentiality in contrast with requirements of effective competition and the rights of defense.European Union directives and the law of Lithuania of Republic do not regulate the exact limits of duty of confidentiality in public procurement. However, Court of Justice of the European Union holds that the principle of the protection of confidential information and of business secrets must be observed in such a way as to reconcile it with the requirements of effective legal protection and the rights of defense of the parties to the dispute in such a way as to ensure that the proceedings as a whole accord with the right to a fair trial.The conclusions are that the principle of effective competition demands that the confidential information should not be disclosed, because the protection of confidential information allows to ensure the competition in public procurement. On the other hand, the principle of effectiveness demands that the court should thoroughly analyze the factual circumstances of the case and to be assured that the public procurement procedures were carried out properly and without any breach of public procurement principles and legal acts.

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