Publication details
Vývoj v právní úpravě veřejných zakázek v ČR (podle předpisů EU/ES)
| Title in English | Public Procurement (with Respect to EC/EU Legislative) |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Právny obzor |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Public Procurement - |
| Description | By the day, when the Czech Republic became a member state of European Union, the new act n. 40/2004 Col., on public procurement, came into a force. This act transposed EC/EU directives, particularly directives 92/50/EEC, 93/36/EEC, 93/38/EEC, 97/52/EC, 98/4/EC a 2001/78/EC. In the meantime there were issued some new directives on public procurement and sector procurement, these are directives 2004/17/EC and 2004/18/EC. The member states were obliged to transpose these directives into the national legislation till 31 December 2006 at the latest. The Czech Republic enacted the relevant legislation, the new act n. 137/2006 Col., that entered into a force on 1 July 2006. The settled duty was fulfilled later, but completely. It means that the Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts and the Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (sector procurements) were implemented. The directives could be implemented by amending the act n. 40/2004 Col. But in this act there were suitable legislative solutions but also problematic ones. Therefore the better solution was to create a new act, the act n. 137/2006 Col., although a lot of the provisions form the previous act were not changed at all. The European legislation regulates only so called excess limit procurements, it means the procurement of presumed value which will reach the limits settled in the EC legislation. The act n. 137/2006 Col. regulates also the procurements that dont reach these limits. While interpreting the act n. 137/2006 Col., on public procurement, it is important to follow its provisions and also respect the uniform interpretation made by ECJ. |
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