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Business decisions have been influenced by the theory of the Invisible Hand. Public sector procurement also followed the Smith theory, where the lowest cost from a tendering process must deliver the best value. We all should take responsibility to act within our sphere of influence. The solutions are not secrets.
Questions ranging from how the situation may evolve into an ISDS case, whether it is possible to deal with the potential dispute inhouse or how to establish the tender procedure for outside counsel require immediate attention by the state. A quick analysis of the situation is therefore warranted.
Relatedly, the Slovak Government stated that despite containing explicit references to the tendering of the construction of the stadium, the State aid Decision cannot preempt a fresh assessment of the compliance of this legal structure with EU procurement rules. To my mind, it did so implicitly, which explains paragraph 8 of its Decision SA.46530.
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