Smlouvy s orgány veřejné moci v rámci vnitřního trhu
Contracts with Public Authorities within the Internal Market

Summary/Abstract: Public procurement plays a key role in achieving smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. Under the Treaty on the Functioning of the EU, the Union is to adopt measures designed to ensure the functioning of the internal market in accordance with the relevant provisions of its founding Treaties. In the area of contracts concluded with public authorities, harmonisation of the national laws of the Member States is achieved in particular by establishing common rules and procedures for the award of contracts to public authorities. Such coordination is necessary to ensure the effectiveness of the principles enshrined in the Treaty on the Functioning of the European Union, in particular the free movement of goods, freedom of establishment and freedom to provide services, as well as the principles resulting therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. To this end, the Union shall lay down rules and principles, the revision and modernisation of which shall increase the efficiency of public spending, in particular by facilitating the participation of small and medium-sized enterprises in public procurement. The following article deals with the question of how the coordination of national regulations on contracts concluded with public authorities contributes to ensuring the functioning of the internal market. Similarly, the answer can be sought to the question of how the Union eliminates differences in the national legislation of the Member States in the case of contracts concluded with public authorities.

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