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

3. 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...

4. 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

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

6. 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

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

8. 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

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

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

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

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

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

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

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

16. 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

17. 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

18. 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%

19. 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%

20. 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

21. Bilateral and multilateral cooperation between State Commission and other PP bodies

22. Internal Workshops; permanent building of administrative capacities

23. Thank You for your attention