Kosovo government should send the proposals for PRB members to the Assembly

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Prishtina, September 12, 2013 – The Public Procurement Review is non-functional since July 31, 2013 when the mandate of 4 out of 5 of its board member was expired including the chairman. According to the Law on Public Procurement, PRB consists of five members, who are nominated by the Government and appointed by the Assembly for a 5 years term. Assembly of Kosovo forms a selecting body, which is independent, consisted of three judges appointed by Kosovo Judicial Council; the Parliament accepts the recommendations of this body for the new members of the PRB and then votes on.

Kosovo Government has neglected the legal terms and has not yet proposed the members of the PRB, who then will be sent to the Assembly for appointment.
The PRB has a very important role in the function of all public procurement sectors, being an institution which according to the Law on Public Procurement has the powers and responsibilities for reviewing complaints regarding public procurement procedures, the PRB is one of the instruments through which is spent most of the public money. Considering this, the public procurement is highly exposed to corruption and misuse.

In this period when the PRB is non – functional, procedures of procurement and signing of contracts by the institutions is going on, despite the economic operators are deprived from their legal right to appeal about certain issues. This situation may have consequences by harming public money and fair competition between economic operators.

Therefore, based on the competence of Kosovo Government to propose the members of the PRB and te Kosovo Assembly to appoint these members, we ask that these procedures are carried out as soon as possible, since the legal terms are already violated, and PRB should be functional to perform its task as provided by law.

Non-function of the PRB will further affect the growth of the opportunities for corruption and misuse considering the fact that most of the public money is spent through public procurement procedures.