Abstract

The principle of actually executing public procurement is an extended version of the principle of actually executing the obligation provided in the legal code. It has not been regulated in a detailed provision and is distinguished mainly on the basis of the Public Finance Act and the Public Procurement Law. The code-based public procurement principle is reinforced by limiting contractual freedom resulting from the specific nature of public procurement contracts, the obligation for a contracting authority to pursue claims, as well as criminal and administration liability, for the incorrect execution of the obligations imposed on the contracting authority. This principle of public procurement must be reinforced, both with regard to the obligation to pursue non-cash claims, and the execution of performances in kind.