LEGISLATIVE AND INSTITUTIONAL FRAMEWORK OF PUBLIC PROCUREMENT IN SERBIA – By Slavica Jokovic

The existing public procurement legislation provides the rules governing the procedure in the award of public procurement contracts. Public procurement in Serbia is governed by Public Procurement Law as well as by relevant laws.

The Law on Public Procurement (“Official Gazette of Republic of Serbia”, no. 124/2012, 14/2015 and 68/2015) regulates:

Procedures and techniques of public procurement;
Requirements and criteria for awarding contract;
Procurement planning;
Colecting data and delivering reports in public procurement;
Protection of rights in public procurement procedures;
The Public Procurement Portal;
Measures against corruption and conflict of interest;
The integrity in public procurement.

The Law on Public Procurement regulates public procurement in the classical sector and utility sector (in the area of water management, energy, transport and postal services) as well as public procurement in defence and security sector).

It establishes competences and methods of work of the Public Procurement Office and the Republic Commission for the Protection of Rights in Public Procurement Procedures.

The new Law on Public Procurement (“Official Gazette of Republic of Serbia”, no. 124/2012) was adopted in December 2012 (and entered into force in April 2013), in order to address previous failings in the legislative framework, to increase transparency in procurement and prevent or reduce malpractice and corruption.

The first Law on public procurement in Serbia dated July 2002. However, in order to approximate this Law with the EU legislation, after two years some amendments were done. Furthermore, in December 2008, new public procurement Law was adopted, and entered into force on 6 January 2009.

Institutional Framework of the public procurement system in the Republic of Serbia includes: Public Procurement Office and Republic Commission for Protection of Rights in Public Procurement Procedures, as the main institutions, as well as other institutions relevant for the area of public procurement, such as: State Audit Institution, Commission for Protection of Competition and Anti-Corruption Agency.

The Public Procurement Office is the key institution in the public procurement system which monitors the application of the Law on Public Procurement and the conducting of public procurement procedures, with the power to indicate and to inform on concrete infringements.

Republic Commission for the Protection of Rights in Public Procurement Procedures decides on requests for the protection of rights and imposes fines to contracting authority and the responsible person therein.

The next topic in the matter of Serbian public procurement market will be: Public Procurement Principles.
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