Non-public medical services in Bulgaria and Directive 2014/24 – 2024-07-22 10:13:36

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The TEAM ready the primary public comparative authorized evaluation and affect evaluation of its form in Bulgaria in relation to the transposition of Directive 2014/24 on public procurement in relation to personal medical services in Bulgaria and the prison process of the EC in opposition to Bulgaria on this event.

Listed below are a few of the conclusions of the evaluation:

• Non-public hospitals don’t fall underneath the scope of Directive 2014/24 on public procurement as a result of they don’t fulfill the factors established therein.
• The Bulgarian courts have acknowledged the necessity for added interpretation by the EU Courtroom, for which there’s presently a pending case, the choice of which is predicted at the start of 2025.
• The comparative authorized evaluation reveals that in Germany, Austria and the Netherlands personal hospitals are excluded from the scope of native public procurement laws.
• The EC’s prison process in opposition to Bulgaria has been in its administrative part for over 4 years now and has an unclear finish.
• In a potential case earlier than the Courtroom of Justice of the EU, Bulgaria would have a great probability of success as a result of (i) the character of personal medical services, their position within the Bulgarian financial system, and the jurisprudence of the Courtroom of Justice of the EU justify the best way wherein Directive 2014/24 was launched within the Bulgarian laws and (ii) EC has dedicated severe procedural violations within the prison process performed by it, that are opposite to the ideas of EU legislation.
• The TEAM is awaiting a ultimate response from the EC on its utility for entry to paperwork associated to the prison process. From the earlier correspondence with the EC, it’s concluded that the EC has not carried out a authorized or financial evaluation to justify the initiated prison process in opposition to Bulgaria.

The TEAM’s report shall be offered to all Bulgarian and European establishments in view of the continuing prison proceedings.

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