STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU / ADMINISTRATIVE CONTRACTS IN THE LAW OF OBLIGATIONS AND ADMINISTRATIVE PROCEDURE ACT

Abstract

Directive on the award of concession contracts br. 2014/23/EU, (Official Journal of the EU, L 94/1) ( in further text: Directive 2014/23/EU),Directive on public procurement and repealing Directive 2004/18/EC, br. 2014/24/EU (Official Journal of the EU, L 94/65) (in further text: Directive 2014/24) and Directive on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 2014/25/EU Official Journal of the EU, L 94/243) (in further text: Directive 2014/25/EU) arrange relations on the internal EU market by regulating of administrative contracts. Transformation of these Directives in the legal order of Bosnia and Herzegovina can be carried out by appreciating division of obligation and administrative law on general and special part. Namely, administrative contracts cannot be regulated only on the basis of administrative law principles, but law of obligations also. Only in that way can be arranged law of the administrative contracts in the complex legal order in Bosnia and Herzegovina. Such solutions exist in comparative law by containing legal norm that BGB in German or Code civil in Franch law applies accordingly to administrative contracts. Law on obligatory relations basic principles contain legal basis that administrative contracts be regulated in the special part in the Law on obligatory relations. These principles are: participants of obligatory relations; obligatory relations and public resources disposal, obligatory relations and public resources usage, in good faith. Valid principles in the Law on obligatory relations is necessary to supplement with the principles: administrative autonomy of administrative bodies, equal treatment, non-discrimination and transparency. By these additional principles will be developed some principles in the Constitutions of Bosnia and Herzegovina, because regulation tradition in Bosnia and Herzegovina gives such opportunity. Under these principles are assigned norms in EU directives what can be seen in theirs contain, because in this work there is no enough place that for every single principle gives appropriate explanation. Purpose of this work is to initiate new explorations in administrative law. In Bosnia and Herzegovina Law on obligatory relations applies for concluding contracts on concessions and public procurement. They just should become this contract. Because of principles in Law on obligatory relations it is necessary to arrange concluding procedure. By Administrative Procedure Act in institutions of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina and Republika Srpska should be arranged administrative procedure for administrative contract concluding.