About us
The State Commission for Supervision of Public Procurement Procedures was established in 2003 in order to fulfil the obligations taken under the Stabilization and Association Agreement between the Republic of Croatia and the European Community with its Member States (Official Gazette, International Treaties, No. 14/01), as a necessary condition for lawful and effective legal protection in public procurement procedures.
In accordance with the acquis communautaire deriving from the Council Directive 89/665 / EEC of 21 December 1989, Council Directive 92/13 / EEC of 25 February 1992 and Directive 2007/66 / EC of the European Parliament and the Council, of 11 December 2007, the State Commission was established, in the light of European law, as an independent quasi-judicial body and the independence of the State Commission is a prerequisite for the unbiased application of the law. Although it is not a judicial body, the State Commission is a state body sui generis with strong characteristics of the court. The importance of the State Commission is reflected in the fact that a significant degree of the public procurement legal practice is formed through its decisions.
The State Commission consists of 9 members, namely thr president, two deputy presidents and six members. At the proposal of the Government of the Republic of Croatia the members are appointed by the Croatian Parliament for a five-year term, and they are accountable to the Croatian Parliament for their work.
The State Commission is responsible for resolving legal disputes regarding:
• Public Procurement,
• Concession and
• Public-private partnership.
A dispute before the State Commission is initiated by filing a complaint. When deciding on the disputed legal issue the State Commission acts within the limits of the appellate allegations, while ex officio takes into account the procedural requirements and substantive violations namely listed in the Public Procurement Act.
The procedure is conducted in the Croatian language and with the use of the Latin script.
Decisions on the subject matter of the case are rendered by the State Commission in non-public council sessions, within 30 days of the date of filing a valid appeal. The State Commission is organized by three councils consisting of three members of the State Commission, and each council is chaired by the President of the State Commission, or by one of the Deputy President of the State Commission.
In addition to the subject matter of the dispute, the State Commission's decision also contains a decision on the costs of proceedings, which are awarded according to the principle of the causae.
In accordance with the acquis communautaire deriving from the Council Directive 89/665 / EEC of 21 December 1989, Council Directive 92/13 / EEC of 25 February 1992 and Directive 2007/66 / EC of the European Parliament and the Council, of 11 December 2007, the State Commission was established, in the light of European law, as an independent quasi-judicial body and the independence of the State Commission is a prerequisite for the unbiased application of the law. Although it is not a judicial body, the State Commission is a state body sui generis with strong characteristics of the court. The importance of the State Commission is reflected in the fact that a significant degree of the public procurement legal practice is formed through its decisions.
The State Commission consists of 9 members, namely thr president, two deputy presidents and six members. At the proposal of the Government of the Republic of Croatia the members are appointed by the Croatian Parliament for a five-year term, and they are accountable to the Croatian Parliament for their work.
The State Commission is responsible for resolving legal disputes regarding:
• Public Procurement,
• Concession and
• Public-private partnership.
A dispute before the State Commission is initiated by filing a complaint. When deciding on the disputed legal issue the State Commission acts within the limits of the appellate allegations, while ex officio takes into account the procedural requirements and substantive violations namely listed in the Public Procurement Act.
The procedure is conducted in the Croatian language and with the use of the Latin script.
Decisions on the subject matter of the case are rendered by the State Commission in non-public council sessions, within 30 days of the date of filing a valid appeal. The State Commission is organized by three councils consisting of three members of the State Commission, and each council is chaired by the President of the State Commission, or by one of the Deputy President of the State Commission.
In addition to the subject matter of the dispute, the State Commission's decision also contains a decision on the costs of proceedings, which are awarded according to the principle of the causae.
Decisions are announced publicly on this website, and exceptionally in a classic way. No appeal is allowed against the decision of the State Commission, but the decision can be challenged in an administrative dispute before the High Administrative Court of the Republic of Croatia.
