Vaihtoehtoja julkisten hankintojen muutoksenhakujärjestelmäksi – tehokkuutta etsimässä tuomioistuinjärjestelmän ulkopuolelta
Keywords:
julkiset hankinnat, oikeussuoja, tehokkuus, hankintaoikaisu, hankintavalituslautakuntaAbstract
Alternatives for a public procurement judicial review system – Looking for effectiveness outside the courts
The effectiveness of the judicial review system in public procurement has been addressed in a number of studies concerning procurement legislation, both at the national and EU levels. The main challenge identified in these studies and
the so-called “efficiency gap” relating thereto is the processing time of the first instance review body, the Finnish Market Court. However, this article does not examine the possibilities of improving the current court-led model, but instead
focuses on other alternative review systems.
The article assesses whether the effectiveness of a public procurement review system can be increased by improving the current procurement rectification system and whether a dedicated public procurement complaints board would enhance the efficiency of the review system as a whole. The Estonian and Danish procurement complaints boards serve as examples in this analysis. The effectiveness and improvement potential of the out-of-court review systems are analysed
through the following indicators: functional indicator (processing times), structural indicators (procedural rules, appeal option and process costs) and reliability indicators (expertise, independence and impartiality).
The article’s main conclusion is that a public procurement complaints board appears to be the most promising option for increasing the efficiency of the procurement judicial review system. In addition, although the establishment of a complaints board has not yet been properly explored in Finland, establishing one would likely be possible on the basis of experiences from other similar appeal board models currently operating in Finland.
