PRINCIPLE OF COMPETITION IN PUBLIC PROCUREMENT PROCEDURES OF SERVICES OF GENERAL ECONOMIC INTEREST

Jovanić Tatjana (Правни факултет Универзитета у Београду, Београд), tanja@ius.bg.ac.rs
Komšić Nikola (Привредна комора Србије, Београд), nikola.komsic@pks.rs

The acquisition of goods, services and public works is based on the best price and quality ratio, which cannot be achieved without an adequate level of competition on the market. Whereas competition between competitors in an open call for tenders depends on the award criteria and terms set out by the contracting authority, public bodies may under certain circumstances limit the competition for a market. Such exceptions must be justified by the public interest criterion. Considering that services of general economic interest (SGEI) represent a special segment of a competitive market economy, this paper focuses on the duty of competitive conduct of public authorities in procuring services of general economic interest. The primary law of the EU is neutral as regards the character of ownership and recognizes two categories of privileged enterprises: those with special and exclusive rights. The subject analysis focuses on the sources of the European Union law and the practice of the European Court of Justice, which establish the legal framework for ensuring competition in the procurement of services of general economic interest. It also provides an overview of existing limitations in this area.

Keywords: сompetition, activities of general economic interest, EU law, public procurement