Protecting Public Funds through Pre-Contractual Audit of Public Con tracts with Significant Financial Value in the Greek Legal System
Abstract:
This study examines the institutional framework and legal significance of the pre-contractual audit of public contracts with significant financial value in the Greek legal system. Rooted in Article 98(1)(b) of the Greek Constitution, this audit—conducted by the Court of Auditors—serves as a preventive mechanism to ensure legality, transparency, and fiscal responsibility prior to the conclusion of major public contracts. The paper analyzes the nature and scope of this audit, distinguishing it from other forms of judicial and administrative control exercised by public authorities and courts. It explores both the subjective and objective dimensions of the audit, focusing on the entities involved, the types of contracts subject to review, and the monetary thresh olds that determine its applicability. Furthermore, the research highlights the principles underpinning the audit process, particularly the principles of legality, sound financial management, and fiscal sustainability. By preventing the signing of unlawful or financially unsound contracts, the pre-contractual audit functions as a vital safeguard of public funds and an instrument for enhancing good governance in public procurement. The paper concludes that this mechanism not only strengthens financial accountability but also reinforces public confidence in the integrity and efficiency of state financial management.
