Mária T. Patakyova
Comenius University in Bratislava, Faculty of Law, Institute of European Law. Šafárikovo nám. č. 6, 810 00 Bratislava, Slovakia

DOI: https://doi.org/10.31410/EMAN.2019.211
3rd International Scientific Conference – EMAN 2019 – Economics and Management: How to Cope With Disrupted Times, Ljubljana – Slovenia, March 28, 2019, CONFERENCE PROCEEDINGS published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia; Faculty of Management Koper, Slovenia; Doba Business School – Maribor, Slovenia; Integrated Business Faculty –  Skopje, Macedonia; Faculty of Management – Zajecar, Serbia, ISBN 978-86-80194-17-2, ISSN 2683-4510


Nowadays, many countries suffer from loss of confidence of their citizens. Huge protests are spread throughout many states even in the EU. The time has come to analyze the principles of good governance in order to make states trustworthy organizations again. This paper aims to contribute to the discussion by focusing on independence of state authorities. As public spending is often a cause of citizens’ dissatisfaction with governments, the independence of public procurement authorities shall be analyzed in particular. This paper deals with requirements for independence and applies them to a chosen public procurement authority, the Office for Public Procurement, which is the central authority for administration of public procurements in the Slovak Republic. Since there have been many affairs related to misspending of public resources, the de facto independence of the Office for Public Procurement can be questioned. Therefore, the paper puts forward the legal framework in which the Office for Public Procurement operates, and discusses its functioning in practice.


Public procurement, Office for Public Procurement, Independence, De facto independence


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[4] Zemanovičová D. (2017) Protimonopolný úrad, Efektívnosť právnej úpravy ochrany hospodárskej súťaže – návrhy de lege ferenda, Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, pp. 48-54.
[5] Act No. 343/2015 Coll. on public procurement, as amended.
[6] Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
[7] Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
[8] Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
[9] Kováč, J. (2019), Krajina predražených štadiónov: Čo odhalila malá sonda do postupov SFZ, Trend 03/2019, News and Media Holding. [online 2019-04-11] https://www.etrend. sk/trend-archiv/rok-2019/cislo-3/krajina-predrazenych-stadionov.html
[10] Court of Justice of the European Union, C-76/16 INGSTEEL spol. sro and Metrostav as v Úrad pre verejné obstarávanie, 13 July 2017.
[11] Najvyšší súd Slovenskej republiky, No. 1Sžf/67/2015, 17 October 2017.

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