Marko Turudić, Melko Dragojević

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 14 - 21

Estimated value of procurement is an important initial step in a public procurement procedure, a step which ensures that the contracting authority will be able to allocate the funds necessary to conclude the public procurement contract. Recently, it has become more and more difficult to correctly estimate the value of works procurement. The COVID-19 pandemic, Russian aggression in the Ukraine and the subsequent inflation have substantially raised the prices of construction materials and labour. This has cumulatively and significantly increased the prices of construction and the value of construction public procurement procedures. In this paper, we aim to establish how significant this increase has actually been, and what the main causes and contributing factors were. Keywords: estimated value of procurement, works public procurement, inflation

Marko Turudić, Melko Dragojević

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 27 - 39

Directive 2014/24/EU represents a significant step in the right direction for socially responsible public procurement (SRPP). It contains many articles referencing SRPP, of which the most important may be Article 18(2). One such article is Article 57(4)a, which contains discretionary exclusion grounds for violations of SRPP, leaving it up to Member States to decide whether they will make such grounds mandatory or leave them discretionary in national legislation. The aim of this paper is to establish how Directive 2014/24/EU’s approach has affected the use of SRPP exclusion grounds in Croatia, a Member State that decided to leave all of the discretionary exclusion grounds discretionary. This research was conducted by acquiring and analysing all available contract notices from 2022 to establish the percentage, value and other factors associated with SRPP use in public procurement procedures in Croatia. Keywords: socially responsible public procurement; discretionary exclusion grounds

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 226 - 229

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 14 - 22

Under Directive 1989/665/EEC, locus standi in public procurement remedies is recognised to at least any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. The Croatian Public Procurement Act does not diverge from this definition. The Court of Justice of the European Union (CJEU) has established expansive and detailed case-law on locus standi, and in particular on what is to be considered a ‘particular contract’ under Article 1(3) of Directive 1989/665/EEC. Unfortunately, the case-law of the State Commission for Supervision of Public Procurement Procedures (DKOM) and of the High Administrative Court of the Republic of Croatia (VUSRH) established a much narrower interpretation. This paper aims to analyse relevant case-law of the CJEU, DKOM and VUSRH and explain how has this narrow interpretation of ‘particular contract’ affected the availability of public procurement remedies in Croatia. Keywords: public procurement remedies, locus standi, interpretation of particular contract

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 246 - 249

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 162 - 167

The COVID-19 pandemic has taken lives and endangered health all across the EU, and has had an profound effect on all aspects of economic activity across the Member States. Unfortunately, the pandemic isn't the only natural disaster affecting Croatia today; on 22 March 2020, Zagreb and its surrounding counties were struck by the strongest recorded earthquake since 1880. Croatian Government has implemented economic measures to mitigate the consequences of these two natural disasters. Two of those measures directly affect public procurement; the suspension of the majority of public procurement procedures and the Draft ‘Zagreb Rebuild Act’, which aims to suspend the Public Procurement Act in the procurement of materials, services and works for the Zagreb earthquake rebuild effort. This article aims to analyse the validity and consequences of those measures. Keywords: COVID-19, Croatia, Zagreb earthquake, suspension of public procurement