Thursday, 28 May 2026
The Czech Republic is preparing changes to its public procurement review system that could significantly accelerate dispute resolution procedures and reduce delays in major tender processes.
The proposed amendment, introduced by the Office for the Protection of Competition, seeks to reform several aspects of the country’s procurement review framework under the Czech Public Procurement Act. The initiative is designed to improve efficiency, strengthen procedural discipline and shorten the time needed to resolve disputes linked to public tenders.
One of the central objectives of the reform is to eliminate the repeated cycle of cases being returned between different review levels, a process often described as “ping-pong” decision-making. Under the current system, first-instance rulings can be cancelled and repeatedly sent back for reconsideration, extending uncertainty around procurement procedures for months.
Under the proposed amendment, second-instance review bodies led by the Chairman of the competition authority would generally be expected to issue final decisions themselves in ongoing procurement cases rather than returning matters for further review. Authorities would instead confirm, amend or overturn the original decision directly.
The reform also aims to discourage tactical appeals that are primarily intended to delay procurement proceedings. At present, appeals are frequently submitted automatically due to the relatively limited procedural risks involved.
To address this, the amendment proposes dividing the review deposit into two stages. Parties would pay 70 percent of the deposit when filing the initial motion, while the remaining 30 percent would only become payable if an appeal is submitted. The proposal is intended to encourage more substantive and carefully prepared appeals.
The draft legislation would additionally require parties to provide detailed legal reasoning within the appeal deadline itself. General or unsupported appeals would no longer be sufficient under the proposed rules.
Another area addressed by the amendment concerns emergency procurement procedures. The proposal introduces greater flexibility for negotiated procedures without publication during crisis situations such as floods or other urgent public emergencies.
In such cases, certain procedural obligations, including standstill periods and documentation requirements, could be relaxed to allow authorities to secure essential goods and services more rapidly where immediate public action is necessary.
The changes also continue the broader digitalisation trend within public administration. The proposal supports expanded use of the competition authority’s electronic self-service portal and wider remote access to procurement case files, reducing the need for physical review of documentation.
The amendment is currently undergoing inter-ministerial consultation and may still be revised before entering the formal legislative process.
If adopted, the reform would represent one of the most significant procedural changes to Czech procurement reviews in recent years, with implications for both contracting authorities and companies participating in public tenders across the Czech market.
Source: CMS
