Property as a reason for an exemption from the law

Vol.21,No.1(2013)

Abstract
Exclusion from the scope of application of the Public Procurement Act No. 137/2006 Sb. in Par. 18 sec. 1 letter d) states that the contracting entity shall not be obligated to award public contracts under the Act, if they have as their subject-matter the acquisition or rental of any existing immovable property, flats or nonresidential premises. The aim of this article was to demonstrate ambiguity of the term “existing immovable property, flat or non-residential premises“ and to show even the property is owned by one or more concrete persons so any competitions is non-sense in this case, is there right to choose specific property, flat or nonresidential promises by contracting authority without any control? Is it a economic, effective and efficient expense of public money?

Pages:
28–34
Author biography

Michaela Poremská

Department of Law and Social Sciences, Faculty of Business and Economics, Mendel University in Brno

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