Preliminary communication

https://doi.org/10.31141/zrpfs.2025.62.156.183

Legal Nature of the Public Procurement Contract

Marko Turudić ; Pravni fakultet Sveučiulišta u Zagrebu
Bosiljka Britvić Vetma ; Pravni fakultet Sveučilišta u Splitu
Lana Ofak orcid.org/0000-0001-7585-6370 ; Pravni fakultet Sveučilišta u Zagrebu

Abstract

Although administrative contracts have been recognized in Croatian legal theory for
decades, they were only normatively introduced in 2010 with the entry into force of the General
Administrative Procedure Act. Since then, scientific and professional discussions about the legal
nature of public procurement contracts have gradually intensified, as these are among the most
important contracts concluded by a wide range of public law bodies as well as a broad spectrum of
legal entities closely connected to public law. Although for many years the prevailing view was that
this is a civil law contract, this paper will argue that, since 2010, the public procurement contract has
met all the conditions to be considered an administrative contract in accordance with the General
Administrative Procedure Act. The most important part of the paper will be dedicated to the decision
of the Supreme Court of the Republic of Croatia, No. Rev 139/2023-5 of November 8, 2023, which
resolved the aforementioned doubts and established that the public procurement contract is indeed
an administrative contract. We will also anticipate the consequences this decision will have on
Croatian public procurement law.

Keywords

public procurement contract, administrative contract, public procurement, administrative procedure, Supreme Court of the Republic of Croatia

Hrčak ID:

333799

URI

https://hrcak.srce.hr/333799

Publication date:

30.6.2025.

Article data in other languages: croatian

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