EKIP– Expert Club for Economics and Politics A Different Opinion
In connection with the political attempts to nationalize private entities in the face of private medical institutions in Bulgaria, the EKIP submitted a statement regarding a bill that aims to oblige private hospitals to hold tenders for medicinal products within the meaning of the Public Procurement Act.
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- are contrary to the discretion that Bulgaria has under EU law in the transposition of Directive 2014/24;
- do not take into account the fact that private hospitals do not meet the criteria for a "public law organization" and therefore cannot be "contracting entities" under the Public Procurement Act;
- ignore the December 2024 ruling of the Court of Justice of the EU in case C-550/23, which confirms the current definition of a “public law organization” in Bulgarian legislation and emphasizes Bulgaria’s right to adapt its legislation to its needs and local specificities;
- they do not take into account the jurisprudence of the Bulgarian court, which already in 2015 recognized that the case must be resolved at the EU level;
- are at odds with the approach of other EU countries such as Germany and the Netherlands;
- are based on the flawed assumption that the EC's criminal procedure against Bulgaria would end with a court decision to the detriment of the state;
- are supported by unfounded motives and a preliminary impact assessment, the conclusions of which are erroneous, misleading, incomplete and violate the requirements of the Law on Regulatory Acts and the Rules of Procedure of the Parliament.
The full text of the opinion can be found at this link.
An extended analysis of the arguments put forward in this opinion is available in a comprehensive and extensive report by the ECT, which can be found at this link.
