Jan 17

Committee on Legal Affairs to the 42nd National Assembly adopts controversial proposals for amending the Law on Amending the Law on Public Procurement

  At its meeting today the Committee on Legal Affairs to the 42nd National Assembly adopted some controversial proposals for amending the Law on Amending the Law on Public Procurement. Therewith municipalities and ministries are provided the legal opportunity to assign companies in which the state and / or the municipalities is/are sole or majority owners with the implementation of public procurement without having to announce and follow the otherwise required competition procedure for choosing a final public procurement contractor.


  Open still remain legitimate questions such as whether or not the public interest is being endangered by the proposed legal opportunity to avoid the public procurement competition procedure, the main purpose of which is to defend the public interest through the selection of the contractor on the basis of the most favorable offer for the implementation of the procurement; whether or not behind the apparent intent to reduce corruption , which has been greatly associated with the public procurement competition procedures throughout the last years, lies a perfidious try to smooth the way for more extensive and widespread corruption than ever before; whether or not the Committee’s amendment proposals run contrary to the constitutional obligation of the state to establish and ensure that all citizens and legal entities have equal legal opportunities for business.


  However, whether the Amendment law will be voted on second reading by the National Assembly with the Committee adopted controversial proposals is still to be seen.