Uporedna analiza pravne zaštite u javnim nabavkama
Comparative Analysis of Legal Protection in Public Procurement

Author(s): Rifat Zlomužica
Subject(s): Law, Constitution, Jurisprudence, Geography, Regional studies, Constitutional Law, Public Law, Evaluation research, Law on Economics
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Law on Public Procurement; legal protection; BiH; ZJN; ZUP; Law on Administrative Procedure; Croatia; Serbia; Montenegro; legislation; evaluation;
Summary/Abstract: The B&H Law on Public Procurement (PPL), based on EU directives, mostly complies with the requirements of the Directives. Decentralized operating system of procurement, provided by the said Law, is implemented by contracting authorities within the institutional polity. During preparation of the B&H PPL, EU Directive 2004/17 and 2004/18 were not effective, so some of the solutions of this Law based on the old EU Directives, which are revoked. Stipulating that any interested supplier may submit objections to the decision of the contracting authority, the legislature has fulfilled obligations under Directive 89/665/EEC in respect of capacity to institute legal protection. However, with such a regulation, the valid B&H PPL does not protect the public interest in public procurement procedures, as is the case in neighboring countries. Regular legal remedies in public procurement system in B&H and neighboring countries are differently regulated. While in Croatia, the only regular legal remedy against decisions of first instance authority is The Appeal, the Montenegro and B&H provides two possible types of complaint, and these are: The Objection as an complying submit to first instance authority and The Appeal to authority of second instance. Regular legal remedies in Serbia are not defined, but the PPL provides that against the actions and decisions of contracting authorities can be submited the request for protection of rights. All laws, discussed in this paper, the legal nature of public procurement classified as administrative law, and The Law on Administrative procedure has a subsidiary application in public procurement.

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