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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

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Presentation on how to set up independent review body

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 14. Branding of the institution - visibility issue-
  15. 15. Internet web page
  16. 16. Appeal procedure
  17. 17. Transparency thru Internet
  18. 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. 19. Thank you for your attention ! 19

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