По някои въпроси на прилагането на процедура на договаряне без предварително обявление в контекста на европейското законодателство в областта на обществените поръчки
Issues On the Use of Negotiated Procedure Without Prior Publication in the Context of European Public Procurement Law

Author(s): Ilonka Goranova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Public Procurement; Negotiated Procedure Without Prior Publication; Reasons of Extreme Urgency; Individual Administrative Act; Ineffective Contract
Summary/Abstract: The negotiated procedure without prior publication is one of the means of awarding public contracts. As contracting authorities derogate from the principle of transparency, they should apply that procedure only in exceptional cases, always justifying its use. The legality of contracting authority decision to use that procedure is a prerequisite for the conclusion of effective contracts, as well as, the lawful expenditure of public funds. Contracting authority, that has conducted a negotiated procedure without prior publication, in the absence of the preconditions specified in the law, is subject to administrative penal liability. In their turn, interested stakeholders can file a claim for ineffectiveness of the contract before court.

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