Public procurement review and remedies in the member states of the eu
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Public Procurement Review and Remedies in the Member States of the EU. Martin Trybus University of Sheffield (1 st June 2007: University of Birmingham). Conference on Public Procurement Review & Remedies Systems Dubrovnik 24-25 May 2007. What? + Why?. What : Study

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Public Procurement Review and Remedies in the Member States of the EU

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Public Procurement Review and Remedies in the Member States of the EU

Martin Trybus

University of Sheffield

(1st June 2007: University of Birmingham)

Conference onPublic Procurement Review & Remedies Systems

Dubrovnik 24-25 May 2007


What? + Why?

  • What: Study

    • Review and remedies systems

    • 27 Member States (24 returns)

    • Review bodies, available remedies, review culture

  • Why: Better understanding + knowledge may help + inspire Sigma-partner countries in reforming or setting up.


Review + Remedies

How did Member States organise their review and remedies systems?


EC requirements

  • EC Remedies Directives:

    • Rapid and effective remedies.

    • Independent review bodies.

    • Judicial review in last instance.

    • Interim relief.

  • European Court of Justice case law.

    • Alcatel

    • Stadt Halle


Not in EU law:

  • Administrative or civil judicial review?

  • Composition of review bodies?

  • Arbitration?

  • Number and size of review bodies?

  • Calculation of damages?

  • Procedural law?


What did we want to know?

  • Institutional framework.

    • Courts and review bodies…

  • Legal framework.

    • Procedural law, remedies…

  • Review and remedies culture.

    • Legal education, attitudes…

  • Operation of the system.

    • Number of cases, time, outcomes…


Findings?


Systems of review

  • Single system of review.

    • 1 type of review body (1-3 instances)

  • Dual system of review.

    • Separated by conclusion of contract.

    • Separated by public private nature of defendant.

    • 1-3 instances each.

    • Specialised/general review bodies.

    • Specialised chambers in ordinary courts.


Available remedies

  • Set aside of procurement decisions.

  • Set aside of award decisions. Alcatel!

  • Annulment of concluded contract.

  • Interim measures.

  • Damages.


Scope

  • Same system for above and below EC thresholds?

  • Same system for public bodies and utilities?


Review culture

  • Legal training.

  • Research.

  • Attitudes.

  • Outcome of proceedings.

    • 1st instance: varied in the MS.

    • 2nd instance: normally not successful.


Thank you!

  • Martin Trybus University of Birmingham School of Law Edgbaston Birmingham B15 2TT United Kingdom Tel: +44 (0)121 414 3637Fax: +44 (0)121 414 3585 [email protected]


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