Remedies Available for Procurement Outside the Directives – A Comparative Assessment
Dacian C. Dragos, Roberto Caranta (eds), OUTSIDE THE EU PROCUREMENT DIRECTIVES, INSIDE THE TREATY? DJOEF Copenhagen, 2012
19 Pages Posted: 29 Aug 2014
Date Written: August 27, 2012
Directive 2004/18/EC and Directive 2004/17/EC have expressly or implicitly excluded some contracts from coverage because of either their value or their nature. The range of this exclusion is far reaching in some jurisdictions, and not so much effective in others. This chapter intends to summarize how the system of remedies for breaches of public procurement rules is construed in different jurisdictions, for cases where the award procedure is placed outside the scope of EU Directives.
Remedies are an important element of any legal regime. The way in which remedies are wrapped around a legal institution influences its effectiveness. In this context, the chapter will comparatively assess the remedies available for contracts below the thresholds set forth by the EU public procurement directives.
The current chapter is based on the state of law in different Member States of the EU and includes a comparative analysis on France, Germany, United Kingdom, Italy, Spain, Poland, Denmark and Romania. As it can be seen from the preceding chapters, the national rapporteurs have dealt with (among other issues) remedies applicable to breaches of procurement rules in award procedures not covered by the EU Directives.
JEL Classification: remedies, public procurement, European Union, Romania, Germany, Italy, Spain, Poland, France, United
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