Limitations to use of procedures involving negotiations

The Estonian law for public procurement states that below international thresholds the buyers are at liberty to use competitive dialogue (dir 2004/18 article 29) and negotiated procedure with prior publication of a contract notice (dir 2004/18 article 30) as they please. The buyer does not have to show that any of the preconditions referred to in the articles of the directive have been met.

The research analyses whether the general principles of transparency and equal treatment limit this liberty. It is also analysed whether the Leur-Bloem case law limits whether the legislator may permit using procedures of the directive without the preconditions arising out of the case law of the ECJ being present.

The absence of any analysis to explain the legislative choices is addressed.