Disproportionate Restrictions on the Exercise of Discretion concerning Public Procurement Instruments under Estonian Legislation

Abstract

This article examines the restrictive boundaries of discretion imposed by Estonian public procurement law in comparison to EU directives, highlighting the contradictions, interpretative errors, and regulatory gaps that complicate and challenge the work of Estonian procurers. The topic is significant because public procurement constitutes a substantial share of public expenditure and serves as a key mechanism for ensuring efficiency, competition, and the coherent application of EU internal market rules. The main questions addressed include whether Estonian enforcement disproportionally restricts EU-provided discretion and whether those restrictions conflict with the directive’s objectives. The study offers a critical assessment and proposes legislative guidelines. It concludes that current Estonian regulation and administrative interpretation often narrow the discretion intended by EU law, suggesting the need for legislative amendments or interpretative clarification to restore consistency and improve the effective use of procurement instruments.