Conflict of interest: Case of the public procurement in Slovakia

Abstract

Article deals with the conflict of interest occurring in the process of public procurement. Conflict of interest is a negative phenomenon, which is generally forbidden. Contracting authorities are obliged to adopt adequate measures to prevent and remedy conflict of interest. If they fail to fulfil this obligation, consequences may appear in the form of cancellation of the procurement process, or even in the form of claim for damages caused by maladministration. Author compares European Union´s and Slovak approach to this topic with regard to recent case law of the courts of the European Union.