• Public procurement system:
– Policy, legislative and institutional framework,
– Procurement related questions,
– Reviews and remedies.
• National procurement system–Croatian example
• Lessons learned
• A country needs a policy making which meets formal
requirements as well as good practice.
• Policy making should be clear, consistent and have
• Strategy of development public procurement system
should be defined and adopted.
• Action plans should be defined and adopted.
• Transposition the public procurement EU acquis into
• 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?
• Should enable the effective implementation of policy and
• Needs to be strong to provide and support development
of the public procurement system as a whole:
Primary and secondary legislation
Oversight and monitoring
Advisory and operational support
Publication and information
Development of the education system (contracting authorities
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
• Independent review body
• It is forbidden to attempt to influence and impact on the
decision of the review body.
Main questions at the begining
size of review
Status of a tribunal
(inmeaning ofArticle 234 of the EEC Treaty)
- Conditions for semi – judicial type of PRB -
The body is
It is a permanent
Its jurisdiction is
Its procedure is
It applies rules
of law and it is
Public procurement market
• The public procurement market should be open and
• Invitation for tenders are published on central electronic
platforms and/or web sites of contracting
• Competition among tenderers is based on competence,
capacity, price and quality.
• Role of review institution?
How to establish independent PRB
• Financial budget
• Number of employees
• Number of cases
• Other questions
• Legal education,
• Contracting authorities
and private sector
• Attitudes of contracting
authorities and private
• Public Procurement
• Procedural law?
• Law on PRB
• By laws
• Official manuals
• Courts or review
• If you decide to use
courts question of
number of other issues
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
2003 - 2005
• Office premises – SC was on second floor of Ministry
• 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
• 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
• SIGMA assistance
Branding of the institution
- visibility issue-
• 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.