Public procurement review and remedies in the member states of the eu
This presentation is the property of its rightful owner.
Sponsored Links
1 / 12

Public Procurement Review and Remedies in the Member States of the EU PowerPoint PPT Presentation


  • 54 Views
  • Uploaded on
  • Presentation posted in: General

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

Download Presentation

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

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Public procurement review and remedies in the member states of the eu

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? + 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

Review + Remedies

How did Member States organise their review and remedies systems?


Ec requirements

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

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

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

Findings?


Systems of review

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

Available remedies

  • Set aside of procurement decisions.

  • Set aside of award decisions. Alcatel!

  • Annulment of concluded contract.

  • Interim measures.

  • Damages.


Scope

Scope

  • Same system for above and below EC thresholds?

  • Same system for public bodies and utilities?


Review culture

Review culture

  • Legal training.

  • Research.

  • Attitudes.

  • Outcome of proceedings.

    • 1st instance: varied in the MS.

    • 2nd instance: normally not successful.


Thank you

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]


  • Login