Pre-litigation dispute resolution procedures in public procurement within the European Union

Abstract

Public procurement is one of the oldest and most common forms of collabo-ration between public and private sectors. During the last decade, within EU it was rapidly developing according to the high standards of equality, trans-parency and non-discrimination. Men-tioned novelties have also touched the area of public procurement dispute resolution. The EU Remedies Directives determined strict requirements for national public procurement review procedures. Still, a certain freedom for member states to choose the implement-tation measures was envisaged. It fated, that today different public procurement review systems are functioning within the EU. In most of the member states, non-judicial pre-litigation public procurement review is applied. In this article, issues of the rules of the EU public procurement law in the area of dispute resolution as well as different models of the implementtation thereof into national law are discussed. Also, the presumption of the need to reform judicial model, which is currently applied in the Republic of Lithuania, is raised.