O sukobu načela transparentnosti i prava na tajnost podataka u pravu javne nabave Republike Hrvatske

Abstract

The principle of transparency is one of the basic principles for conducting public procurement procedures. The consistent application of the aforementioned principle ensures the availability of all necessary information about the public procurement procedure to interested economic entities, but also ensures the transparency of the actions of the contracting authority when conducting the procedure and making the selection decision. Nevertheless, the principle of transparency must not be absolute, since in some public procurement procedures there will be information that economic entities do not want to make publicly available for good reason. Therefore, the question of how to balance the principle of transparency with the principle of data confidentiality has become one of the most important issues of public procurement law at the EU level, but also in the Republic of Croatia. In this paper, we will present, explain and define the principle of transparency and the principle of data confidentiality and the current legislative arrangement in the Republic of Croatia. Also, we will present the important issues of the principle of transparency and the principle of data confidentiality before the European Court of Human Rights, as well as the Court of Justice of the European Union. Finally, we will present how this issue has been resolved in the law of the United Kingdom, and we will give concrete proposals on how to amend the Croatian public procurement legislation in order to ensure a balance between the principles of transparency and data confidentiality in public procurement procedures.