Sodno varstvo zoper odločitve Državne revizijske komisije

slovenian

2016

volume 42, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

In addition to Malta, Slovenia is the only EU Member State which does not allow for judicial control of decisions of National Review Commission (NRC), in which the court could set aside or change the decision of NRC. Due to the inclusion of concession contracts in these review procedures, in particular, such judicial control will need to be ensured. The author critically discusses the court practice which denied such court redress by denying to the decisions of NRC the legal nature of individual legal acts on rights and obligations of natural or legal persons, and draws attention to certain incongruences with the directives on review procedures concerning the award of public contracts. In the article, the author proposes statutory regulation of such judicial control and discusses some questions if this regulation. In addition, he criticizes the institute of nullity in review procedures and finds it illogical and to some extent contrary to the directives. He proposes a new institute of ineffectiveness, or arrangement under which the contract is considered ineffective by the review body, and proposes certain main elements of regulation of such institute.

25.08.2021