Civil society confirms Periscop reports: Legal violations have been made in Pristina road tender- Podujevo

The consortium of civil society organisations made up of the Group for Medical and Political Studies (GLPS), the GAP Institute and the Institute for Development Policy (INDEP), under the project: “Support for Civil Association to Maintain Public Oversight and Accountability of the Kosovo Public Institutions”, expresses deep concern for successive legal violations in the procurement process <x4ZZegering of the National Pristina route deep Bezi Puduve <5> MMPHI).

Organizations Declaration:     

Eight months ago, MMPHI, like the Contractive Authority, has announced the beginning of the procurement activity procedure “The expansion of the Pristina National Road ʹBessie Podujevo”, which has been consistently followed by legal violations.

In this regard, the Public Procuration Regulatory Commission (KRPP) had issued two recommendations. In one MPHI was recommended to improve the deployment of “Qualification criteria”, which were contrary to the Public Procurement Law (LPP). So MMPHI had asked economic operators (OE) to bring the list with which all work projects and construction activities carried out by the date of the contract release. In this case the MMPHI has violated Article 69 paragraph 6.2 of the LPP, which specifys that the OE should bring in “List with which all work projects and construction activities carried out in the past three-year period”. KCPP had also recommended that the establishment of administrative, qualifying and selective requirements be made according to Article 27.10 of the Order's No.0/01/2022 for Public Procurement ( The ERPP, which stipulates that “minimal criteria for qualification (choice criteria) are not used as criteria in the contract-making process”.

CAPPP recommendations have a binding nature in the MMPHI case because they identify legal violations, but despite these recommendations have been ignored and, in turn, seriously violated this tender procedure.

On the other hand, MMPHI has signed the tender contract, even though the Public Procureing Organization (OSHP) has received unconvene complaints from an economic operator. Article 1 of LPP's Article 112, specifying the pending effect of complaints, you expect: “... Handing in a complaint imposes contracting authority “AK” to automatically suspend implementation of the procurement activity with which it deals with”. Consequently, MMPHI has been obliged to automatically suspend the procedure and not take any procedure until complaints are addressed and a decision is made by O. The E.P.

Among other things, the contracts for this procurement activity have been signed by Deputy Minister Mr. Hysen Durmish, not the minister, as envisioned in Article 2 of LPP.

The decision with which the deputy minister was authorized to sign contracts in 2021 has been contrary to the LPP (January 26, paragraph 2) and there was no legal basis. Moreover, MMPHI has continued to use the same decision after the introduction of the Government Law. More specifically, Article 12 of the Law on Governance details the delegation of the minister's legalally appointed responsibilities from the latter to the deputy minister. Also, the deputy minister's public statements of personal recognition with one of the winning companies represent conflict of interest.

Despite the CAPP recommendations, as well as the recorded violations, MMPHI has continued illegally with contract signatures, and economic operators have started working. We ask that illegal decisions be reviewed and annulled, as well as urge competent bodies to investigate this procurement activity.

Regarding these found and found on this tender, Periscope There are some reports you can see below:

After Periscop reports, the prosecution launches investigations into the Pristina-Podus tender, which was implemented by Libran Aliu's ministry