Control over Administrative Contract Formation

Administrative contracts in Croatian legislation represent a novelty introduced into the General Administration Procedure Act in 2010. This is a novelty which has not proved to be successful in practice. Control over administrative contract formation is inevitable and is very significant for a number of reasons. Firstly, public legal bodies which form them do so by exercising their own public powers which are without doubt subject to legality control; secondly, in forming administrative contracts, public funds are used which must be controlled; thirdly, forming administrative contracts often touches on using public goods. Due to the restrictive interpretation of administrative contracts in Croatian legislation, this institute is indisputably only regulated in the General Taxation Act. However, for more than two decades contracts which satisfy all presumptions have existed in our law in order to be considered as administrative contracts. It is for this reason that control over contracts will be dealt with for contracts considered by the author to be administrative contracts. These are contracts on concessions and contracts on public procurement. How inadequate today’s regulation of control of administrative contract formation is will be demonstrated, particularly regarding contracts on concession and public procurement. Legislative changes will be proposed which should result in a more quality system of control over administrative contract formation. How control over administrative contract formation cannot be considered as separate from control over administrative contract execution will also be shown