Public Procurement Contract

On July 10-11 2018, Academy of Justice supported by GIZ “Legal and Administrative Reform Project”, organized a training on “Public Procurement Contract”.

Purpose of this training was to enhance the judge knowledge about the contract and public procurement procedure, international and European standards, and best practices in this area.

First part of the training elaborated on: importance of public procurement, tendering procedure, and reaching the contract. While second part of this training elaborated on the rights and obligations of the parties after reaching the contract, contract administration and selection of the supervising body, admission of the work and compensation, problems occurring during the contract implementation stage, handling the work that exceeds the contract and compensations, additional Works, the necessary work and their alterations.

The training continued with highlighting that the public procurement process in the Republic of Kosovo is regulated by the applicable Law on Public Procurement, which ensures efficient, transparent and fair use of public funds, public sources and of all other funds and sources of contracting authorities in the Republic of Kosovo, setting the terms and rules to be applied, procedures to be followed, the rights and obligations to be met by persons, commercial operators, enterprises, contracting authorities, works concessioners and public bodies that conducts, involve, participate or are interested, in public procurement activities; or who are involved or are related to such funds and sources.

At the training it was also concluded that in relation to the administrative conflicts, it can be conducted only against the administrative act, therefore, object of the administrative conflict is the issue of lawfulness of an administrative act which is attacked by a lawsuit. In this case, object of the administrative conflict is the decision issued by the Procurement Review Body (PRB), i.e. the administrative conflict can be initiated against a decision issued by PRB, as a final administrative decision.

Further it was highlighted that according to provisions of the Law on Administrative Conflicts, lawfulness of the contested administrative act is reviewed by the court within the boundaries of the request in the lawsuit, but it is not obliged by causes of the lawsuit. While about the nullity of the administrative act, the court handles it on ex officio basis.  Due to importance of the consequences of these administrative acts, the LAC obliges the court to ex officio evaluate the nullity of the administrative act, no matter if this is stipulated by the plaintiff.

During the training, participants had the possibility to refer to materials handed by the trainers, discuss and analyze cases, elaborate on legal provisions of the Law on Public Procurement, and address dilemmas and difficulties that occur in practice and ways to decide about them.

Beneficiaries of this training were judges of the Appeals Court and judges of Basic Courts, and prosecutors of both, the Appeals Prosecution and of Basic Prosecutions.