Training on the New Law on Public Procurement for Misdemeanour Court Judges
October 5, 2020
In response to the newly established jurisdiction of the misdemeanour courts, USAID Government Accountability Initiative, in cooperation with the Judicial Academy and the Misdemeanour Appellate court designed and delivered a series of trainings for more than 100 misdemeanour judges from appellate and first instance courts on the new set of competences introduced by the Law on Public Procurement. The trainings were held in Belgrade (June 21-22, September 21-22), Novi Sad (September 24-25), Kragujevac (September 28-29) and Niš (October 1-2).
Each training session covered the following thematic areas: Overview of the most important amendments of the Law, legal issues relevant for conducting misdemeanour proceedings related to public procurement and analysis of each public procurement misdemeanour offence. A separate part of the training was dedicated on the analysis of delineation between the criminal offense – misfeasance in public procurement, referred in the Criminal Code – and the misdemeanour offences from the Public Procurement Law, and the overview of the correlation and borderline between the criminal offense and misdemeanour offence. This issue is particularly relevant in legal practice for misdemeanour judges in order to prevent double jeopardy in public procurement related to, both criminal and misdemeanour cases.
According to the evaluation results, the judges praised the concept of training and pointed out that the training was necessary having in mind that misdemeanour offences from the Public procurement Law will be for the first time under jurisdiction of the Misdemeanour courts.
The new public procurement law was adopted on December 29, 2019. in order to ensure compliance with the EU acquis Communautaire in this area, with respect to the benchmarks set in the EU Negotiation chapter 5 related to public procurement. The law, which entered into force on July l 2020, introduced new sets of instruments and procedural tools for public procurements, as well as new sets of competencies of state institutions in this area. All novelties should enable better management in public procurement, savings, optimizations of public funds use, decrease of misconduct and competitiveness. The law also provides new sets of competencies for misdemeanour courts as it constitutes the jurisdiction of the misdemeanour courts in public procurement misdemeanour offences.