Propisi o javnim nabavkama u Srbiji
Regulating Public Procurement

Summary/Abstract: Early in October 2003, the former Serbian Government adopted a Draft Law on Amendments to the Law on Public Procurement, with a view of addressing the problems that had become obvious in the practical implementation of the Public Procurement Law. The new regulation should eliminate the discrepancies between particular provisions of the Public Procurement Law and allow a more efficient implementation of the Law. The Government has asked for an accelerated procedure of enactment of the Draft Law, based on the urgency of the need to eliminate the procedural obstacles to an unhindered functioning of the Commission for the Protection of the Rights of Bidders. However, the Draft Law has not been adopted by the Assembly due to political circumstances, which had led to a several months long blockade of the legislature and finally its disbanding late in 2003 due to the numerous irregularities committed by the representatives of the DOS Coalition. The new Serbian Government has stated in its programme that it would use the first year in office to propose changes to the public procurements legislation, with a particular view of the importance of this area. It is possible that the Draft Law mentioned above that was designed by the previous government could be a basis for the further discussions on changes to the public procurements legislation. The Draft Law is a relatively voluminous normative text, because it addresses a third of the entire Public Procurement Law. The most important changes that it envisages are a more precise implementation of the principle of transparency in the expenditure of public funds, broadening of the authorisations of the tendering agency, specification of further conditions for the awarding of a contract, a further specification of the obligations of the tendering agency, regulation of the conditions for participation in the tendering process, privileges for the domestic bidders, and other aspects of the protection of rights of the bidders and of public interest.

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