Initially established in 2002 as the Commission for the protection of rights, the body responsible for deciding on the protection of the rights of bidders and the public interest pursuant to the then-applicable Law on Public Procurement[1], this entity has acquired the status of an autonomous and independent body of the Republic of Serbia in 2008, pursuant to the Law on Public Procurement[2] which ceased to be in force on 01.04.2013, when instead entered in force the Public Procurement Law[3].

The Law on Public (“Off. Gazette of the RS“, No. 91/2019) entered into force on 1 January 2020, and its application started since 1 July 2020 and the Law on amendments to Law on Public Procurement (“Off. Gazette of the RS“, No. 92/2023) entered into force  on 4 November 2023 and its application started since 1 January 2024. (hereinafter: PPL).

The Republic Commission for the Protection of Rights in Public Procurement Procedures (hereinafter: the Republic Commission) pursuant to Article 186, Paragraph 1 of the PPL, is an autonomous and independent body of the Republic of Serbia which provides the protection of rights pursuant to this Law.

The provision of Article 188 of the PPL prohibits any interfering or any attempt to interfere in the Republic Commission’s decision-making, and any use of public authority and public statements intended to influence the course of proceedings and/or decision-making of the Republic Commission.

Pursuant to the provisions of the PPL, President and Members of the Republic Commission may not be held liable for expressed opinions or for voting in decisions under the scope of competences of the Republic Commission, nor may they be liable for damage for an expressed opinion or vote in decision making, unless it concerns a commission of a crime.

The Republic Commission enjoys the status of a legal entity, and is accountable to the National Assembly.

The Republic Commission compiles annual reports on its work by March 31 of the current year for the previous one, in accordance with the provision of Article 203 of the PPL and, at the request of the relevant committee of the National Assembly, is also obliged to submit reports for a shorter period.

The funds for the operation of the Republic Commission are provided in the budget of the Republic of Serbia.

The seat of the Republic Commission is in Belgrade.

The PPL specifies in detail the jurisdiction, composition, and election of the Republic Commission.

Further, transitional and final provisions of the applicable PPL set forth that procedures for protection of rights are governed by the same legislation pursuant to which were initiated public procurement procedures (hereinafter: PP procedures) that gave rise to relevant protection procedures, and that those procedures of fining and annulling contracts that are under jurisdiction of the Republic Commission are governed by the same legislation pursuant to which were initiated PP procedures that resulted in initiating the procedures of fining and/or annulling contract.

[1] “Official Gazette of the RS”, Nos. 39/02, 43/03 – other law, 55/04, 101/05 – other law, /02, 43/03 – other law, 55/04, 101/05 – other law

[2] “Official Gazette of the RS”, No. 116/08

[3] “Official Gazette of the RS”, Nos. 124/12, 14/15, and 68/15