The master's thesis concerns the legal position of the National Review Commission. Firstly, it analyzes its legal framework, with the emphasis on its competences in public procurement procedures. In particular, the thesis highlights the novelty of the administrative dispute, which can be initiated against its decisions in the audit procedure since 1st of January 2021. The thesis is divided into two main chapters, which analyze the legal position of the National Review Commission – the first one examines its position in the European Union law and the second its position in the Slovenian legal order. The latter analyzes the legal nature of its decisions (iure gestionis acts and iure imperii acts) and tries to determine its legal position in the system.
The National Review Commission is a specific, independent, and autonomous state body that holds two incompatible positions simultaneously: it is a “tribunal” under Article 267 of the Treaty on the Functioning of the European Union and merely a supervisory body under Slovenian legal order. Case-law has defined both – first the Court of Justice of the European Union and second the settled case-law of domestic courts. The latter is sharply criticized by academics. Amendment C of the Legal Protection in Public Procurement Procedures Act – indirectly – tips the scales in favour of an administrative body that decides authoritatively, as it introduces (limited) administrative dispute. The current case law that allows the National Review Commission to be simultaneously considered a “tribunal” and a body, issuing iure gestionis acts, is unsustainable. In conclusion, the National Review Commission is a sui generis state authority, which falls under the broader notion of the administrative function.
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