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CONTEMPORARY ISSUES IN ECONOMY & TECHNOLOGY

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Negotiated procedure without prior publication

EU directives and regulations of public procurement, as a set of regulations, primarily determine the effective and rational use of budgetary resources of EU member states, and the public procurement law in Republic of Croatia, arranged on the principles of the EU Treaty and the principles of public procurement, provides efficient and rational use of budgetary funds in Croatia. This paper describes the negotiated procedure without prior publication, its normative solutions, the practice of the State Commission for supervision of public procurement procedures and a practical example. Contracting authorities used mostly open procedure in 78.54% of the cases, and negotiated procedure without prior publication in 10.78% of cases in 2014. In the implementation of the negotiated procedure without prior publication, contracting authorities consult the economic operators of their own choice and negotiate the terms of the contract with one or more economic operators. The authorities are not obliged to consistently apply the principles of public procurement (in particular the principles of competition and transparency). Through its practice, the European Court of Justice has established two basic rules for implementing this procedure:
- the legal requirements must be strictly interpreted, the procedure should be carried out in exceptional cases, when the legal preconditions for its implementation are actually filled;
- the burden of proof that the circumstances of this case justify its application is on the contacting authority.
The procedure negotiated without prior publication is the least competitive and transparent procedure of all other public procurement procedures.

Author(s):

Smiljana Bezić    
Sveučilišni odjel za stručne studije, Kopilica 5, 21000 Split
Croatia

Katarina Blažević Miše    
Sveučilišni odjel za stručne studije, Kopilica 5, 21000 Split
Croatia

 

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