The court in Brno will again review the ministry's procedure for the digitalization of buildings

Brno - The Regional Court in Brno must again address whether the Ministry for Regional Development erred in awarding one of the contracts related to the digitization of the building permit process. The Supreme Administrative Court (NSS) granted the ministry's appeals filed during the previous electoral term, and the decision was made available on the official bulletin. According to the current leadership of the ministry, the current ruling only concerns the procedural conduct of the court and administrative bodies, not the responsibility for the issues in the digitization of the building permit process.

The Office for the Protection of Competition (ÚOHS) prohibited the ministry from fulfilling the contract in March 2024, considering that the contract for the software environment for sharing information and data was awarded in a negotiation procedure without publication. This is an extraordinary procedure that is only allowed under strict conditions.

Although the antimonopoly office acknowledged that there were extremely urgent circumstances that led the ministry to choose a negotiation procedure without publication, it noted that these circumstances were self-induced because the ministry had established some award conditions contrary to the law in a previous open procurement and found itself in a time crunch. The Regional Court initially dismissed the lawsuit against the ÚOHS's decision, but it must now reevaluate the circumstances, also taking into account to what extent the ministry itself contributed to the situation.

"In this assessment, the appellant cannot be viewed merely as a passive subject being dragged by external circumstances," states the NSS's decision. The ministry for regional development acts as the appellant in the proceedings. The Regional Court will consider whether it acted as a reasonable and informed contractor, whether it reassessed the digital building permit architecture of its own accord or as a result of external influences, the impact of legislative changes, or whether the ministry's laxity played a role.

The contentious partial contract was awarded by the ministry in a negotiation procedure without publication while it was led by Ivan Bartoš (Pirates). The appeal was sent to the NSS during the tenure of his successor Petr Kulhánek (for STAN). Zuzana Mrázová (ANO) is currently at the head of the office. In today's press release, the ministry stated that the NSS's decision cannot be interpreted as a challenge to the issues and failures in the digitization of the building permit process.

"The Ministry for Regional Development has long pointed out that the problems associated with the digitization of the building permit process are neither random nor technical in nature, but are the result of poor decisions and erroneous procedures of the previous leadership of the ministry. These mistakes have led to a fundamental threat to the system's functionality, legal uncertainty, and significant damage to the state and the public," states the press release, provided by the ministry's spokeswoman Michaela Winklerová. The ministry perceives the NSS's decision as a procedural step that will allow for a proper and complete assessment of all relevant circumstances.

The launch of the digital building permit process in 2024 was accompanied by serious problems. At that time, the ministry faced criticism from officials, builders, and the then-opposition, culminating in Bartoš's dismissal from the government and the departure of the Pirates from the coalition. The ÚOHS has also dealt with related contracts in other proceedings. The government of Andrej Babiš (ANO) proposed a new building law and also promises effective digitization.