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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 (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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  1. 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

  2. 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.

  3. Review + Remedies How did Member States organise their review and remedies systems?

  4. 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

  5. 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?

  6. 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…

  7. Findings?

  8. 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.

  9. Available remedies • Set aside of procurement decisions. • Set aside of award decisions. Alcatel! • Annulment of concluded contract. • Interim measures. • Damages.

  10. Scope • Same system for above and below EC thresholds? • Same system for public bodies and utilities?

  11. Review culture • Legal training. • Research. • Attitudes. • Outcome of proceedings. • 1st instance: varied in the MS. • 2nd instance: normally not successful.

  12. 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 M.Trybus@bham.ac.uk

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