Workshop: ‘Modification of public procurement contracts during their term. Rulings of the Court of Justice of the European Union on public procurement’

Belgrade, 30 October 2018 – The Project organised a workshop for the employees of the Public Procurement Office, representatives of the Republic Commission for the Protection of Rights in Public Procurement Procedures and contracting authorities from Serbia, titled: Modification of public procurement contracts during their term. Rulings of the Court of Justice of the European Union on public procurement”.

This event was another from the series of workshops planned in accordance with the Training Plan developed by the Project. The speakers at the workshop were key experts of the Project: Ms Teja Kolar (the Team Leader) and Mr Dariusz Piasta (Key Expert No. 2).

Ms Kolar presented and explained, first, problems approached and conclusions reached by the Court of Justice of the European Union (CJEU) concerning modification of public procurement contracts. She continued by discussing requirements concerning modification of contracts stemming from the EU public procurement directives (Public Sector Directive 2014/14/EU). By referring to provisions of the draft of the new Serbian Public Procurement Law Ms Kolar explained the concept of substantial modification of contracts as well as circumstances under which contracts may be modified and situations where such a modification of a contract would require a new public procurement procedure.

  

Mr Piasta explained, first, the organisation and role of the Court of Justice of the European Union as well as procedures leading to adoption of its rulings. Then he continued to present a selection of recent rulings of the CJEU on public procurement. This part of the presentation dealt with 5 thematic blocks: definition of public procurement and exemptions from public procurement rules, technical specifications, grounds for exclusion of economic operators, conflict of interest and links between bidders and evaluation of tenders in accordance with contract award criteria.

The workshop was held in the interactive and engaging atmosphere and included, in addition to presentations on above mentioned topics, also questions and answers, free exchange of views and open discussion of participants. The workshop enabled the participants to get detailed information about the relevant provisions of the European Union’s directives as interpreted by the Court of Justice, as well as to express their opinions on the way how those provisions are implemented and applied in practice in the Republic of Serbia.

The documents related to this workshop can be downloaded here: