Riigihankeõigus

Riigihankeõigus is the Estonian legal framework that regulates procurement by public authorities and other public sector actors. The core legislation is the Public Procurement Act of 2018, which codifies the principles adopted from European Union directives 2014/24/EU and 2014/25/EU. The Act applies to contracting authorities such as ministries, local governments, specialised authorities and public companies when they award contracts for the supply of goods, works, or services that exceed the simplified threshold set by EU rules.

Key provisions of riigihankeõigus establish mandatory procurement procedures—open, restricted, negotiated, comparative‑charged, and a few hybrid methods—alongside a transparent decision‑making process. Crucial principles include non‑discrimination, equal treatment, transparency, proportionality, and the efficient use of public funds. The law requires contracting authorities to publish tender notices in the e‑Procurement portal (e-ost), prepares standardized documents, and mandates the evaluation of bids by independent panels. Contracts must be signed within a set time‑frame, and procurement data is made publicly available, fostering accountability.

The supervisory and enforcement bodies are the Estonian Competition and Consumer Protection Commission (ÄRK), which oversees compliance and investigates anti‑competitive conduct, and the Ministry of Finance, which issues procedural guidance. Amendments in 2022 introduced stricter reporting requirements and expanded the scope of sustainable procurement. The legal system also interacts with international procurement agreements, ensuring Estonia can engage in cross‑border tendering and mutual recognition with other EU member states.

Riigihankeõigus plays a vital role in guaranteeing that public funds are spent effectively, that suppliers compete fairly, and that public procurement remains free from corruption. It underpins Estonia’s commitment to open governance and aligns domestic practice with European standards.