Public Procurement in the Security Sector in EU, Montenegro and Kosovo

• Author: Safet Hoxha
• Pages: 175-185

Vol. 3 No. 3

November 2017

ISSN 2410-3918

Acces online at www.iipccl.org

175

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Public Procurement in the Security Sector in EU, Montenegro and Kosovo

Safet Hoxha

Abstract

Treatment of public procurement and its role in the public administration is a key to addressing

numerous dilemmas dealing with procurement procedures in general. Its position in the public

administration is extremely dissfavorable, because of the role, public procurement stands

between public and private sector, therefore such position gives a certain scale of incredulity.

Involved parties in the procurement procedures are also parties with diametrically opposite

interests and therefore:

Public Administration, which is represented by Contracting Authority in the procurement

intercourse as the main objective intends to get value for money through these procedures,

so it can use the process to satisfy the last buyer, as a pre-condition to establish the images

of a good governance, and also to save political jurisdiction as the main objective of every

government.

The Economic Operator, in this respect, entered the clearest objective, which means achieving

the highest profi t from the contractual relationship, which stems from a procurement procedure.

To achieve this goal, companies o en reduce the costs of building, service or product quality

in order to achieve the highest profi t. And this goal only rarely seriously damages the quality

of service or labor, and it also creates negative images of public procurement.

Keywords: Public procurement, security sector, EU, Montenegro, Kosovo.

Introduction

Procurement O cer - who in the best case has a single purpose, to carry out

procurement procedures in accordance with the law without trying to achieve the

performance in this process. Therefore, this goal should also be understood as a

normal development, since the public o cial is ultimately interested in ensuring that

his work is in compliance with the legal rules for a quiet life without thinking about

the performance of the public procurement activity. This situation aggregates the

mistrust and suspicion among the actors, making it increasingly di cult to build a

sustainable policy in this sector.

Another component that generates distrust, and complicates the public procurement

process is the confl ict between the principles inherent in the public procurement

process, and the requirements for compliance and performance in public procurement.

Therefore, this confl ict of requirements in procurement procedures remains a major

clash and one of the major dilemmas of legal theory in public procurement. While not

o en, contracting authorities lose highly favorable bids for the state as a result of the

requirement to respect a formal administrative requirement, or a condition that for

the purpose of the project does not have any particular weight.

So in the competition between compliance and performance, apparently, the lawyers

have been more agile, reaching to prioritize compliance in the procedure with regard

to procurement performance. In this situation, the simple citizen is not able to make