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2010 | 93 | 1 | 35-56

Article title

PUBLIC PROCUREMENT (WITH RESPECT TO EC/EU LEGISLATIVE) (Vyvoj v pravni uprave verejnich zakazek v CR (podle predpisu EU/ES))


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When the Czech Republic became a member state of the European Union, the new act n. 40/2004 Col., on public procurement, came into a force. In the meantime there were issued some new directives on the public procurement and sector procurement (2004/17/EC and 2004/18/EC). The member states were obliged to transpose these directives into the national legislation till 31st 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 1st July 2006. The Directive 2004/18/EC of the European Parliament on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts and the Directive 2004/17/EC of the European Parliament coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors were implemented. The European legislation regulates only the so called excess limit procurements it means the procurement of the presumed value which will reach the limits settled in the EC legislation. The act n. 137/2006 Col., regulates also the procurements that do not 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.


  • Doc. JUDr. Karel Marek, CSc., Katedra obchodniho prava, Pravnicka fakulta MU, Veveri 70, 611 80 Brno, Czech Republic


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Publication order reference


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