A Regional Overview: Criminal Liability for Corruption in Public Procurement (overview of the legislative framework and practice in Serbia, BiH, North Macedonia, Albania and Kosovo)
A Regional Overview: Criminal Liability for Corruption in Public Procurement (overview of the legislative framework and practice in Serbia, BiH, North Macedonia, Albania and Kosovo)

Author(s): Ivana Božović
Subject(s): Politics / Political Sciences, Politics, Criminal Law, Public Administration, Government/Political systems, Corruption - Transparency - Anti-Corruption
Published by: Institut alternativa
Keywords: corruption; public procurement; criminal liability; Western Balkans; legislative framework; institutional response; anti-corruption enforcement
Summary/Abstract: Public procurement refers to the procedure in which public sector entities - contracting authorities - procure goods, works and services. This procedure is also one of the most susceptible to corruption, and uneconomic methods of public spending in the countries of the Western Balkans. An increase in the share of public procurement in the national GDP was recorded in all countries of the Western Balkans. On average, it ranged from 9% to 11%, with yearly fluctuations only in the cases of Kosovo and North Macedonia. Given the above, as well as the fact that the value of public procurement is constantly increasing, we can conclude that this area merits active control mechanisms, thereby reducing the manoeuvring space for anyone inclined to commit abuse. In December 2023, Montenegro introduced a special criminal offence of abuse concerning public procurement into the criminal legislation. Details on how this area is regulated in Montenegro and results in the area of fight against corruption in public procurement will be presented in a separate analysis. The aim of this paper is to provide brief insight into how countries in the Western Balkans (Serbia, Bosnia and Herzegovina, North Macedonia, Albania and Kosovo) have legally regulated the issue of criminal liability for corruption in public procurement. This paper also presents a four-year overview of results in the area of fight against corruption for countries that have made data publicly available.

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