Judicial review of public procurement processes by the Competition Tribunal

Abstract

This article discusses the judicial review of administrative decisions made in public bidding process by the Competition Court and the Public Procurement Court. It criticizes the thesis that the former lacks jurisdiction over those decisions and defends its review powers on the basis of lege lata considerations and the specificity of legal actions in competition cases. In addition, it proposes a solution to possible disputes over jurisdiction between these courts. Special consideration should be given to lis pendens.