Osnovna načela u postupku javne nabave u zakonodavstvu Republike Hrvatske
Basic principles in public procurement process in Croatian law

Summary/Abstract: The state is the largest customer, or supplier of works, goods and services. That fact has a major influence on public procurement procedures and access to relevant provisions of the Public Procurement Act, which is often characterized as formal, strict, rigid, and inflexible. No doubt there are situations when a formal approach to public procurement procedure does not need to have an alternative. However, are not only cases but also objective arguments when formally acting contrary to the object and purpose of public procurement procedure. Through practical examples, the author argues the view that a formal approach and narrow interpretation of provisions, are not always appropriate, and in some situations indicate a noneconomic-efficiency, which is against the goals and purpose of public procurement. Particularly since the theory and practice of law give the possibility of flexible approach. In this paper author underlines the importance of a new procurement Directive, which opens a new path in procurement regulation in Croatia, bringing the EU›s main features of the area. In a future, transposition of these Directive in national legislation opens up new opportunities, new challenges, but also the possibility of joint regulation of public procurement.

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