Yhteentoimivuus julkisissa IT-hankinnoissa
Avainsanat:
julkiset hankinnat, yhteentoimivuus, suhteellisuusperiaate, tasapuolinen ja syrjimätön kohteluAbstrakti
Interoperability in public ICT procurement
The purpose of the article is to analyse the concept of interoperability from different legal perspectives. Firstly, the article describes how interoperability can be understood as a legal concept and as a legal requirement. Secondly, interoperability is analysed from the viewpoint of public procurement law. For this part, the main goal is to examine how interoperability can be taken into account in the tendering process. This analysis is based on the case-law of the Market Court (markkinaoikeus).
The concept of interoperability is defined in the Act on Information Management Governance in the Public Administration (the Information Management Act). Additionally, the concept of interoperability can be seen as a legal principle under EU law, regarding the freedom of movement of goods and services in the EU. The requirement of interoperability is governed by the Information Management Act, as well. The Act requires authorities to enable the interoperability of the various information systems of the public authorities. This requirement can also be seen as a part of fulfilment of the principles of public procurement law.
According to the case-law of the Market Court, interoperability can be set either as a technical specification of the target of the procurement or as a criterion of the most economically advantageous offer. This is based on the fact that the procurement authorities have the right to define the target and the requirements of the procurement. On the other hand, the requirement of interoperability can be problematic considering the principles of public procurement law in the EU, because it can be occasionally in conflict with the principles of equal treatment and proportionality. In addition, the requirement of interoperability can be questionable considering the procurement authorities’ duty to ensure competition in the market.
