Nova zakonska rješenja postupka pravne zaštite u javnim nabavkama u Bosni i Hercegovini

The Law on Amendments to the Law on Public Procurement in Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, Nr. 50/24) was adopted according to the emergency procedure at the session of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina held on 16 July 2024, and the session of the House of Peoples held on 19 July 2024. The Amendments to the Law on Public Procurement include the legislator’s inclination to make the legal protection procedure more efficient and prevent abuse of rights, by means of amendments to legal norms pertaining to the legal protection procedure. The new legislation includes an increase in the fees for initiating the appeal procedure, an amendment to the method of payment of the fee for initiating the appeal procedure and an amendment to the beginning of the calculation of the deadline for filing an appeal to the tender documentation. The paper aims to analyse the aforementioned amendments in the legal protection procedure, with a critical review of individual legal solutions. By the use of dogmatic method, the paper examines new legal solutions and indicates dilemmas in the application of legal norms. Furthermore, the paper tends to provide answers to the questions of whether the new legal provisions are harmonized with other relevant regulations, as well as whether they will make the legal protection procedure more effective and prevent abuse of the right to appeal in public procurement.