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26.08.2008 - Annulment of Czech library contest may cause arbitration - Jezek

Jezek refused to follow the recommendation by the Czech Anti- trust Office (UOHS), arguing that the possible arbitration proceedings with the winner of last year's architectonic contest, famous Czech-born architect Jan Kaplicky's London-based Future Systems studio, or other participants might cost the Czech Republic over one billion crowns in compensation. The risk of an international arbitration is at present a very threatening argument over the recent arbitration verdict in the dispute with Diag Human company according to which the Czech Republic is to pay some nine billion crowns to the company in compensation for having allegedly harmed its lucrative deals with blood plasma. Jezek today also sent a letter to Ombudsman Otakar Motejl, asking his office to Only court can decide on Czech NK library's new building- NK head ...
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investigate the stances of all parties to the dispute about the new NK. Jezek criticised primarily the Prague City Hall for not having kept its promise to sell the plot for the library that was to be built on the Letna plain close to the city centre. At the end of last week, Jehlicka wrote a letter to Jezek in which he, on the basis of the UOHS's stance, criticised his mistakes during the preparation of the library's construction. The UOHS mainly refers to the European Commission's legal opinion, saying that the competition for a new Czech national library building was not in accordance with law. Jezek opposes the UOHS's stance.

The Czech Republic news are represented by www.czech-republic-prague.com

The core of the dispute lies in the question whether Jezek was authorised to hold the competition without respecting the law on public orders. The NK launched it according to the rules of the International Union of Architects (UIA) and tried to apply an exemption from the law. The UOHS previously approved it, but now it says it should not have accepted the exemption. The EC directive, embedded in the respective Czech law, says the law on pubic orders need not be applied to contests held according to the special procedure of an international organisation, in this case the UIA. UOHS head Martin Pecina, on his part, claims this applies only to the situations where the international organisation also funds the order, which is not the case of a new NK building. On the contrary, a legal analysis of the Gordion company, dealing with public orders, concludes that the NK could apply the exemption from the law. The Culture Ministry also asked the UOHS whether it can launch a tender for the project on the basis of the winning library design. The UOHS said it cannot, while Gordion expressed the opposite opinion. Jezek also wrote he hoped that along with Jehlicka they would seek ways to continue in the materialisation of Kaplicky's building. However, Jehlicka in July said the new NK building designed by Kaplicky would not be built at Prague-Letna. Moreover, the NK faces a legal complaint filed against it over the alleged non-observance of the architectonic contest's conditions. Kaplicky's project of a nine-storey building shaped as a broad pyramid with rounded edges, dubbed "octopus," has raised controversial reactions and divided the public as well as experts and politicians into its supporters and opponents. However, the National Library badly needs a new building because it is running out of capacity and the conditions for keeping books are not suitable. ($1=16.527 crowns)

(Ceske Noviny)


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