Pravni problemi široke uporabe izjeme za in-house javno naročanje

slovenian

2024

volume 50, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

In the first part of the paper, the authors discuss some legal issues regarding in-house public procurement at the state level, which arose during the audit of the state-owned enterprise DRI as an in-house entity for » state and bodies governed by public law« implemented by the Court of Audit of the Republic of Slovenia in 2020. They explain the concept of the in-house entity according to the case law of the Court of Justice of the European Union and some specifics of the interpretation of the control criterion in the case of contract authorities at the state level and when control is exercised by a »state agent«. They also point out limitations to the exception in the cases of horizontal award when several authorities jointly control the in-house entity. The second part of the paper discusses some legal aspects of the use of the in-house exception, which go beyond public procurement. It offers a critical view of state-owned enterprises and in-house entities as their specific (sub)form in the light of free economic initiative (Article 74 of the Constitution of the Republic of Slovenia) and the rules on good corporate governance of state-owned enterprises, as derived from Slovenian Sovereign Holding Act (ZSDH-1) and OECD Guidelines (2024).

08.12.2025