European versus Macedonian principles of public procurement contracts

Tusevska, Borka and Kosevaliska, Olga and Ivanova, Elena (2016) European versus Macedonian principles of public procurement contracts. VIZIONE. pp. 179-196. ISSN 1857- 9221

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Abstract

Awarding the public contracts present un
exceptionally complex issue that interfere with

multiple spheres of interests across a wider societal

context. Analyzing the applicable legislation in

Republic of Macedonia,judicial, administrative and

administrative - judicial practice, at the same time

taking into account the practice of Court of justice

of European Union (hereinafter CJEU) we

concluded that the infringement of the awarding

procedure is essentially in close conection with the

breach of the fundamental principles of the process

of awarding public contracts.

Guided by this finding, in this article we set a goal

to consider the practical and implementation of the

basic principles of public procurement, through the

CJEU and the need for more thoroughly and more

comprehensive implementation of the principles in

the practice of the Macedonian Courts and

administrative authorities. Comparatively, the

awarding public contracts in all legal systems are

based on the principles of equal treatment of

economic operators, non-discrimination,

transparency and integration in the public

procedure. Yet, despite this fact, numerous surveys

conducted in the field of public procurement,

manifest diversity of the implementation of these

Assistant Professor at Faculty of law University “Goce Delcev” – Shtip,

borka.tusevska@ugd.edu.mk

∗ Assistant Professor at Faculty of law University “Goce Delcev” - Shtip ∗ The author is PhD student and teaching assistant at Faculty of Law, State University

“Goce Delchev” - Shtip.

V i z i o n e 26/2016

178

principles and different interpretation of the

provisions, regardless of the fact that public

procurement contracts are under a single legal

regime applicable in EU.

Therefore, the main motivation is targets to

the need to consider European values and standards

in implementation of the fundamental principls of

public procurement, particulary through the practice

of CJEU.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Elena Ivanova
Date Deposited: 22 Sep 2016 13:54
Last Modified: 22 Sep 2016 13:54
URI: https://eprints.ugd.edu.mk/id/eprint/16270

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