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Presentation on how to set up independent review body

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Presentation by Zoran Blazevic for public procurement workshop in Moldova 9 June 2014

Presentation by Zoran Blazevic for public procurement workshop in Moldova 9 June 2014

Published in: Government & Nonprofit

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  • 1. © OECD AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU How to set-up independent review body in charge for legal protection Zoran Blažević, Croatia Chisinau, Moldova, 9 June 2014
  • 2. Content • Public procurement system: – Policy, legislative and institutional framework, – Procurement related questions, – Reviews and remedies. • National procurement system–Croatian example • Lessons learned 2
  • 3. Policy framework • A country needs a policy making which meets formal requirements as well as good practice. • Policy making should be clear, consistent and have continuity. • Strategy of development public procurement system should be defined and adopted. • Action plans should be defined and adopted. 3
  • 4. Legislative Framework • Transposition the public procurement EU acquis into national legislation. • Implementation of good practice: – Clearly drafted – Principle based – Value for money • Contracting authorities/entities should apply the provisions of the public procurement legislation in a way to enable effective procurement and efficient spending of public procurement funds. • Role of representatives of private sector? 4
  • 5. Institutional Framework • Should enable the effective implementation of policy and legislation. • Needs to be strong to provide and support development of the public procurement system as a whole:  Primary and secondary legislation  International co-ordination  Oversight and monitoring  Advisory and operational support  Publication and information  Development of the education system (contracting authorities and tenderers). 5
  • 6. Reviews and remedies • A crucial mechanism for protecting the legality and integrity of the procurement process. • Directive 2007/66 (amending Directive 89/665/EEC and 92/13/EEC) • Independent review body • It is forbidden to attempt to influence and impact on the decision of the review body. 6
  • 7. National Implementation Main questions at the begining Independent PRB Specialized review body? Administrative or civil judicial review? Composition of review bodies? Number and size of review bodies? Procedural law?
  • 8. Status of a tribunal (inmeaning ofArticle 234 of the EEC Treaty) - Conditions for semi – judicial type of PRB - Independent PRB The body is established by law It is a permanent state body Its jurisdiction is compulsory Its procedure is inter partes It applies rules of law and it is independent
  • 9. Public procurement market • The public procurement market should be open and competitive. • Invitation for tenders are published on central electronic platforms and/or web sites of contracting authorities/entities. • Competition among tenderers is based on competence, capacity, price and quality. • Role of review institution? 9
  • 10. How to establish independent PRB • Financial budget • Premises • Number of employees • Number of cases • Other questions • Legal education, • Contracting authorities and private sector • Attitudes of contracting authorities and private sector • Public Procurement Law • Procedural law? • Law on PRB • By laws • Official manuals • Courts or review bodies • If you decide to use courts question of independence and number of other issues are solved Institutional framework Legal framework Functional PRB Review and remedies culture
  • 11. First steps – Croatian example • December 2003. – 6 employees • Labor Law, vs Civil Servants Law • Independents – key of success • December, 2004. – 11 employees / 761 complaints • December, 2006. – 20 employees / 696 complaints • December, 2008. – 21 employees / 637 complaints • December, 2009. – 21 employees / 1422 copmplaintes • Budget per year cca 700.000,00 EUR • Average value of appeal cases per year cca 800.000.000,00 EUR in 2004-2008
  • 12. First problems 2003 - 2005 • Office premises – SC was on second floor of Ministry of Finance • Insufficient budget • Lack of staff • Lack of practical expiriance in the PRB members, regarding public procurement • Position between executive Government and judiciary • • Visibility of the institution
  • 13. Proactive approach • Education, web – page development ww.dkom.hr, day to day advice • Workshops for the representatives of private sector • Manuel for the contracting authorities and private sector – topic public procurement remedies • Development of DMS (Document management system) • SIGMA assistance
  • 14. Branding of the institution - visibility issue-
  • 15. Internet web page
  • 16. Appeal procedure
  • 17. Transparency thru Internet
  • 18. Lessons learned • Transparent decision making process of the PRB • Importance of the case law. • Education of the private and public sector about legal protection in public procurement. • Important role of media’s and journalist. • Investment in human recourse – guaranties of the results in the future.
  • 19. Thank you for your attention ! 19