Study of the economic efficiency and legal effectiveness of review and remedy procedures for public contracts in the EU
Client: DG MARKT
The Public Procurement Directives (2004/17/EC and 2004/18/EC) which deal with public contracts and utility contracts, aim to ensure that public contracts are awarded in an open, fair and transparent manner. The specific review and remedy procedures which apply to this process were revised in 2009, (following the introduction of Directive 2007/66/EC and amending Council Directive 89/665/EEC and 92/13/EEC) to improve the effectiveness of review procedures concerning the award of public contracts.
The new provisions: introduced a standstill period during which time bidders may ask for a review before the contract is signed, gave national review bodies the power to render a contract ‘ineffective’ under certain conditions, and made provisions for alternative penalties, amongst other changes.
Four years on, the study which is being carried out by Europe Economics and Milieu Ltd, aims to provide a factual basis for a review by the Commission, of the implementation and effectiveness of Directive 2007/66/EC.
Milieu is to carry out the national legal research of the Member States’ review and remedies systems and procedures and to gather data on the number and type of review procedures initiated and concluded in the last four years (2009-2012) within each Member State. National legal experts will also carry out interviews with legal practitioners and companies involved in review cases in their country.