FIRST INSTANCE REVIEW IN CROATIA Goran Matešić, President Budapest, 14. November 2017. godine

Evaluation of the EC – Remedies Directives COM (2017) 28 …the Commission has concluded that, in general terms, first instance administrative review bodies are more effective than first instance judicial instances in terms of the duration of procedures and standards of review...

Legal protection of PP in Croatia Monitoring – Directorate for the Public Procurement Policies within the Ministry of Economy, Entrepreneurship and Crafts Review procedures - State Commission Supervision – High Administrative court

First instance review in Croatia Croatia has chosen quazi-judicial system of the first instance review body – State Commission dispite judicial system

Established in 2003 – 14 years of work 33 employees in total President Two Deputy Presidents Six Members Appeal department, Case law department, Secretariat Average length of service: 6,8 years

Jurisdiction of the State Commision appeal resolving decides on costs of appeals interim measures annulment of illegal contracts imposing the fines initiating accusatory motions

The Right to Appeal Any economic operator having or having had an interest in obtaining a particular public procurement contract or a framework agreement, dynamic procurement system or project competition and who has been or risks being harmed by the alleged infringement of subjective rights shall be entitled to lodge an appeal

Lodging an Appeal Appeal - State Commission Fees should be paid simoultaneously NEXT STEP: e - Appeal

The process of rendering decisions, completly digitalised, allows: Controllability Predictability Certainty Objectivity

Mechanism of Appeal procedure State Commission acts only upon Appeal submitted Appeals based (aligations) - Ex officio activities

Essential infringements list Time limit for bid submission Obligation for publication of notice Qualitative criteria Illegal negotiation Award criteria Infringements hidden from bidder

The decision-making process in the State Commission Decisions are made on council meetings Appeal Department is preparing the case - digitalised process of work

Appeal time limits 30 days from the date of reception of the correct appeal – legal ground

The State Commission shall deliver its decisions by publication on web page of the State Commission

E-procurement 2017.: All the communication between Contract authority and the tenderers / submitters is going electronicaly through EOJN (croatian TED) The SC has an approach to the documents in EOJN for conducting the appeal procedure

Time limits – statistics (2012.-2016.) Viski upravni sud RH; Vrsta Odluke 2012. 2013. 2014. 2015. 2016. Time limits from reception of an appeal until the delivery of decision 59 39 40 38 34 Time limits from completition of the case until the delivery of decision 20 16 17 18 11

Award / Annulment decision   Subject of Appeal 2016 year 2017 year New PPA 2016 Number % Tender documentation 223 20% 92 41% Award / Annulment decision 892 78% 121 55% Opening of tenders 10 1% 7 3% Other 3 In total 1135 100%

  Decision 2017 year New PPA 2016 Number % Appeal is granted 128 57% Appeal is denied 32 14% Appeal is dismissed 46 21% Procedure terminated 17 8% Cede jurisdiction - Other In total 223 100%

Transparency - www.dkom.hr Registry of the appeal cases in real time Publication of decisions – Case law Wide range of PP information Appeal and Fee payment instructions Legal positions – interpretation established by the SC Case law of Administrative court in PP Annual and other Reports Other activities

Bilateral and multilateral cooperation between State Commission and other PP bodies

Internal Workshops; permanent building of administrative capacities

Thank You for your attention