Abstract

The discussion on the shape of the new public procurement law should fundamentally address the status of the authority deciding in public procurement matters. Taking into account numerous and frequently very complicated systemic and procedural factors in this respect, two alternative solutions come to mind; namely, continuing the extrajudicial model of making decision by the NAC or implementation of a special judicial model. Taking into account the current situation, introduction of the latter (better) solution may, however, encounter obstacles. If the decision-making status of the NAC is maintained, the status of this exceptional authority should be consolidated in order to perpetuate the basic standards of the extrajudicial justice system, as well as further to improve the efficiency and quality of decision-making according to the principle of legality and independence.