Petra SteinheberVerhältnis und Wechselwirkung von Informationsfreiheitsrecht und Öffentlichem Vergaberecht

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This work deals with the relationship and the interaction of freedom of information law and public procurement law. These are two areas of law, their objectives could not be more different. On one side is the Freedom of Information Law, which opened "everyone" an unconditional right to access to information against the public sector. This contrasts with the right of public procurement, which is subject to a confidentiality dogma to ensure the competition at the tender by Public Authorities, in order to preserve corporate secrets. There is an intersection of the two areas of law where a competitor or third parties during the procurement procedure or thereafter in accordance with the provisions of the Freedom of Information law apply for information from a public authority. For graphic presentation, the work essentially divides into three phases of the procurement process, the review procedure and the period after the conclusion of the tender. The focus is put clearly on the stage of the procurement process. Both literature and case law have so far dealt with it the least. The juxtaposition of the numerous provisions of the Freedom of Information law and public procurement law is ensured by a competitive legal review. On the side of freedom of information law the review is limited to the claim pursuant to section 1 paragraph 1 sentence 1 of the Federal Freedom of Information Act. On the part of public procurement law that freedom of information law claim is compared with all the positive information access rules and mere confidentiality rules. Relating to public procurement law the work further divides into upper and lower threshold area, as this may lead to different view respective competitive reasons. As a result, the Public Procurement Law sets cartel during the procurement process over the freedom of information law by substantially. Below the thresholds you get the opposite result due to missing coequal procurement rules. During review procedure the procurement law right to inspect records pursuant to section 111 of the Act against Restraints of Competition sets cartel. After completion of the procurement process, the information law applies except for the cases of services and delivery services, even if it depends here on the consideration of each individual case.

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