Izbjegavanje primjene Zakona o javnim nabavkama BiH: Projekt „Andrićgrad“
Avoiding the Application of the Law on Public Procurement of BiH: Project "Andrićgrad"

Author(s): Rifat Zlomužica
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, Law on Economics
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; BiH; RS; Law on Public Procurement; application; evaluation; Andrićgrad; ZJN;
Summary/Abstract: The immediate motive for discussion on topic from the title is decision of Government of RS, which the user of investment funds, economic subject in charge for the building „Andric town“ in Visegrad, is free of using rules from the Law on public procurement. According to the article 5 of the Law on public procurement, there are categories of agreement which are prescribed, that can be dismissed from the using rules of this Law. Analising this act, it was found that the decision of Government of RS doesn't have foundation in the Law on public procurement. Does the Government of RS, or economic subject is obligated to apply the rules of the PPL, we can give positive answer with the analysis of article 3 of this Law. Mentioned decision of Government of RS violates the main principles of PPL in B&H, like the principle of the most effective way of using public investment funds, principle of transparency, principle of equal treatment and nondiscrimination, and the principle of equal competition among the providers. In the consideration of final value of project, principles of public procurement in EU and international competition of economic subjects, are also violated. The controversial decision of Government of RS showed that in valid Law on public procurement of B&H aren't provided this and similar cases, so with this Law are not clearly given powers to the state institutions, responsible for the proper application of the laws, to act ex officio. However, there remains space for debate, does the article 48 (4) implies that the Agency for public procurement of B&H has that right. Besides that, PPL of B&H did not include adequate legal remedies for the same or similar cases.

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