Official conclusions of the meeting of the legal team regarding the National Library

On November 14, the "most trustworthy news portal on the Czech internet" idnes.cz reported that the result of the second meeting of the legal team regarding the National Library is the finding that the competition for the new NK building was legitimate. The Czech Press Agency echoed the report and included a statement from Director Ježek, "who has also learned about it" (which voice probably revealed it to him...). Following the publication of the official minutes from the meeting on the city hall's website, the editorial office of archiweb was suitably ruffled. For reference, we reprint the report from the city hall's website:

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Conclusions from the second meeting of the expert legal team regarding the National Library

On November 14, 2007, the legal expert group of the National Library team met for the second time and answered three posed questions:

1. question
Assessment of the conformity of the assignment, course, and selection of the winner of the International Architectural Competition for the National Library project with legal regulations, both in terms of compliance with general legal regulations and in relation to the public procurement regime, i.e., assessment of the current status according to Act No. 40/2004 Coll. on Public Procurement as amended, Act No. 137/2006 Coll. on Public Procurement as amended, according to the European legal framework for public procurement and according to the fundamental principles arising from the Treaty establishing the European Community.

Answer:
In this case, it was not a public procurement according to Act No. 40/2004 Coll., but an international competition, from which a work of authorship emerged, which can subsequently serve as the basis for the awarding of a public contract in the sense of Act No. 137/2006 Coll., on Public Procurement, as amended.

All present members of the group agreed on this answer, except for one member.

2. question
Assessment of the legal aspects of the possible placement of the winning architectural design at a different location in Letná or another location in the territory of the capital city of Prague, without the architectural competition being canceled, i.e., whether the project can be implemented exclusively according to the assignment of the International Architectural Competition and if it would be possible from a legal standpoint to realize the work at another location in Prague, under what legal conditions.

Answer:
The work can be placed at another location in the territory of the capital city of Prague, provided the author of the winning design agrees.

All present members of the group consensually agreed on this answer.

3. question
Assessment of the conformity of a possible modification of the winning architectural design with respect to the competition conditions and legal regulations, namely whether, how, and under what conditions it would be legally possible to modify the project.

Answer:
Modifications would only be considered if they were prompted by objective circumstances that could not have been anticipated or foreseen at the time of the competition's conclusion, e.g., the establishment of additional requirements by public law corporations.

All present members of the group consensually agreed on this answer.


No other issues were addressed at this meeting of the expert legal group of the National Library team.

The current conclusions of the legal expert group will be promptly provided to the members of the National Library working team, and the lawyers will wait to see whether the National Library team will present additional follow-up questions to the group after reviewing the initial responses. Only those could lead to answers to questions that might arise in connection with the assignment of the architectural competition.

The National Library team will meet on November 28, 2007, and the next meeting of the expert legal group will likely take place at the beginning of December.

In Prague, November 15, 2007.