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
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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.

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

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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?

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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

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Findings?
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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.

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Available remedies

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

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Scope

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

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Review culture

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

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Thank you!

• Martin Trybus University
  of Birmingham School of Law
  Edgbaston
  Birmingham B15 2TT United Kingdom
  Tel [phone]
  3637Fax [phone] M.Trybus_at_bham.ac.uk