presentation on how to set up independent review body
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Presentation by Zoran Blazevic for public procurement workshop in Moldova 9 June 2014TRANSCRIPT
© OECD
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How to set-up independent
review body in charge for legal
protection
Zoran Blažević, Croatia
Chisinau, Moldova, 9 June 2014
Content
• Public procurement system:
– Policy, legislative and institutional framework,
– Procurement related questions,
– Reviews and remedies.
• National procurement system–Croatian example
• Lessons learned
2
Policy framework
• A country needs a policy making which meets formal
requirements as well as good practice.
• Policy making should be clear, consistent and have
continuity.
• Strategy of development public procurement system
should be defined and adopted.
• Action plans should be defined and adopted.
3
Legislative Framework
• Transposition the public procurement EU acquis into
national legislation.
• Implementation of good practice:
– Clearly drafted
– Principle based
– Value for money
• Contracting authorities/entities should apply the
provisions of the public procurement legislation in a way
to enable effective procurement and efficient spending of
public procurement funds.
• Role of representatives of private sector?
4
Institutional Framework
• Should enable the effective implementation of policy and
legislation.
• Needs to be strong to provide and support development of the public procurement system as a whole:
Primary and secondary legislation
International co-ordination
Oversight and monitoring
Advisory and operational support
Publication and information
Development of the education system (contracting authorities and tenderers).
5
Reviews and remedies
• A crucial mechanism for protecting the legality and
integrity of the procurement process.
• Directive 2007/66 (amending Directive 89/665/EEC and
92/13/EEC)
• Independent review body
• It is forbidden to attempt to influence and impact on the
decision of the review body.
6
National Implementation
Main questions at the begining
Independent PRB
Specialized review body?
Administrative or civil judicial
review?
Composition of review bodies?
Number and size of review
bodies?
Procedural law?
Status of a tribunal (in meaning of Article 234 of the EEC Treaty) - Conditions for semi – judicial type of PRB -
Independent PRB
The body is established by
law
It is a permanent state body
Its jurisdiction is compulsory
Its procedure is inter partes
It applies rules of law and it is independent
Public procurement market
• The public procurement market should be open and
competitive.
• Invitation for tenders are published on central electronic
platforms and/or web sites of contracting
authorities/entities.
• Competition among tenderers is based on competence,
capacity, price and quality.
• Role of review institution?
9
How to establish independent PRB
• Financial budget
• Premises
• Number of employees
• Number of cases
• Other questions
• Legal education,
• Contracting authorities and private sector
• Attitudes of contracting authorities and private sector
• Public Procurement Law
• Procedural law?
• Law on PRB
• By laws
• Official manuals
• Courts or review bodies
• If you decide to use courts question of independence and number of other issues are solved
Institutional framework
Legal framework
Functional PRB
Review and remedies culture
First steps – Croatian example
• December 2003. – 6 employees
• Labor Law, vs Civil Servants Law
• Independents – key of success
• December, 2004. – 11 employees / 761 complaints
• December, 2006. – 20 employees / 696 complaints
• December, 2008. – 21 employees / 637 complaints
• December, 2009. – 21 employees / 1422 copmplaintes
• Budget per year cca 700.000,00 EUR
• Average value of appeal cases per year
cca 800.000.000,00 EUR in 2004-2008
First problems
2003 - 2005
• Office premises – SC was on second floor of Ministry of Finance
• Insufficient budget
• Lack of staff
• Lack of practical expiriance in the PRB members, regarding public procurement
• Position between executive Government and judiciary
•
• Visibility of the institution
Proactive approach
• Education, web – page development ww.dkom.hr,
day to day advice
• Workshops for the representatives of private sector
• Manuel for the contracting authorities and private
sector – topic public procurement remedies
• Development of DMS (Document management
system)
• SIGMA assistance
Branding of the institution
- visibility issue-
Internet web page
Appeal procedure
Transparency thru Internet
Lessons learned
• Transparent decision making process of the PRB
• Importance of the case law.
• Education of the private and public sector about legal protection in public procurement.
• Important role of media’s and journalist.
• Investment in human recourse – guaranties of the results in the future.
Thank you for your attention !
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