Round tablke discussion for representatives of BiH Judiciary

Changes to the Law on Public Procurement in BiH are needed

Published on: May 17, 2018

"I'm glad we finally got an opportunity to talk about such important topics. This is an opportunity for everyone to think together how our judiciary can adequately respond to irregularities in public procurement procedures" said Judge of the Court of Bosnia and Herzegovina (BiH) Ljiljana Lalovic at a roundtable being held today and tomorrow (May 16th and May 17th, 2018) in Sarajevo on the topic "Administrative Disputes Relating to Public Procurement: Practice of the Court of BiH."

Judge Lalovic added that the participation of the representatives of the Public Procurement Agency of BiH and the Procurement Review Body of Bosnia and Herzegovina in the work of this round table is of immeasurable value, since these are key actors in the process and a valuable source of information for judges working on these administrative disputes.

At the round table, it was concluded that many of the shortcomings in the BiH Law on Public Procurements that produce certain ambiguities and difficulties in its interpretation and application can be removed through changes and amendments to the Laws that are in the process of adoption. In this regard, participants expressed the need for a more intensive communication between the representatives of the Court of BiH (which is in charge of the implementation of the administrative disputes related to public procurement in BiH), the Public Procurement Agency, the Procurement Review Body, and the Council of Ministers of BiH as a proposer of the law.

"Legal uncertainty is a fertile soil for corruption, and it is therefore necessary to create as soon as possible clear and unambiguous rules with regards to public procurement procedures," said Judge Jadranka Brenjo, one of the panelists at the round table.

The training which was attended by about 30 judges and expert associates (dealing with administrative disputes) from all over BiH was organized by USAID's Justice Project in BiH and the ACCOUNT (Anti-Corruption Network of Civil Society Organizations in BiH), in cooperation with the Training Centers for Judges and Prosecutors of the Federation of BiH and the Republika Srpska.