Defence and Security Procurement Directive: Remedies London 8 June 2011 Defence and Security Procurement Directive: Remedies London 8 June 2011 Dr. Aris.

Slides:

Advertisements

Similar presentations

European Defence Procurement Integration: How to Handle Article 296 EC Cicero Foundation December Paris Dr. ARIS GEORGOPOULOS University of Dundee,

Advertisements

Treaty of Lisbon Implications and changes for the area of Freedom Security and Justice Training programme Lisbon Treaty - Ambassadors.

Impact of the Lisbon Treaty on the Common Security and Defence Policy of the European Union 24 February 2013 Joël Schuyer.

The EU as a global actor by 2030 Context –Multipolar world with China, India and U.S. as the most important players. –Globalization –More regionally organized.

Access to the European Court of Justice: is the door unbolted? Access to the European Court of Justice: is the door unbolted? Carol Hatton SolicitorWWF-UK.

The Defence & Security Public Contracts Regulations 2011 Sub-Contracting and Offset Arrangements Katherine Calder 8 June

Theory and practice of EU enlargement outline I. Accession criteria: Legal or political? Political criteria Economic criteria Capability to implement.

Irish Centre for European Law Conference The Law of the Lisbon Treaty.

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.

The European Commission and EU tax litigation Dr Adam Zalasiński.

The Treaties, Institutions and Policies of the EU

EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.

Tamara Ćapeta  Comparable to evolutive federations : Article 1 TEU:  “By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves.

European Union Common and Security Defense Policy I. General introduction. Basic issues and concepts

ENVIRONMENTAL LIABILITY IN GREECE THE LEGAL FRAMEWORK & THE ROLE OF FINANCIAL GUARANTEES/ INSURANCE PRODUCTS TO COVER OPERATORS’ RESPONSIBILITIES UNDER.

EU Criminal Law Introduction, Lisbon Treaty. EU criminal legislation EU cannot adopt a general EU criminal code EU cannot adopt a general EU criminal.

Network_2012.ppt Prof. Dr. Christa TOBLER, LL.M., Universities of Basel (Switzerland) and Leiden (The Netherlands) Recent case-law of the CJEU: enforcement.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU The EC Treaty and Defence Procurement Martin TRYBUS Professor.

European Commission Taxation and Customs Union Brussels, 10 November Taxation of International Artistes and Community Law European Commission

European civil procedure law Judicial cooperation in civil matters

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU National Models of Defence Procurement Regulation in the EU.

Implementation of the EU PP Remedies Directive – the AUT case EBRD Project Ukraine Dr. Michael Fruhmann Federal Chancellery, Austria 9/6/

1 EU’s External Action Cristian Ghinea Romanian Centre for European Policies (CRPE)

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Public Procurement Review and Remedies in the Member States.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU The Current Remedies Directives: History and Main Provisions.

EU-wide Strategic Approach

The CFSP and PjCC of The EU Ezequiel Maldjian Rosales.

European civil procedure law Judicial cooperation in civil matters.

Fabio Giglioni European Administrative Integration through the Differentiation. Methods of European Coordination.

Eliza Niewiadomska EBRD Legal Transition Programme Kiev, 19 May 2012 Building Confidence in Public Procurement Review Best practice for enforcing public.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Private sector interests in legal protection Tomaž Vesel First.

The ESDP debate- the Convention on the Future of Europe.

The Common Foreign and Security Policy. The developments leading up to the formulation of a CFSP The European Political Cooperation (EPC)- 1970; institutional.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Public Procurement Review and Remedies in the Member States.

European Model(s) of Protective Measures in Cross-Border Maintenance Debt Recovery Mirela Župan Professor at Faculty of Law University of Osijek Croatia.

Tamara Ćapeta  Comparable to evolutive federations : Article 1 TEU:  “By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves.

Essential Elements of the Complaint Request for Review of Public Procurement Procedure Kiev, 19 April 2012 Essential Elements of the Complaint Hubert Reisner.

The structure of the European Union before the Lisbon Treaty.

Foreign Policy Instruments: who we are and what we do.

The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.

B.A BUSINESS STUDIES BUS361 BUSINESS LAW. Ms. Natalie Alkiviadou.

CRIMINAL LAW OF THE EUROPEAN UNION 30 October 2015 HISTORICAL DEVELOPMENT OF EU COMPETENCES IN THE AREA OF CRIMINAL LAW Dr. sc. Zoran Burić University.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign, Security and.

Article 194 TFEU on Energy Angus Johnston University College & Faculty of Law, Oxford Martin School Programme on Integrating.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 9 – Financial services Bilateral screening:

MOSCOW, NOVEMBER 2007 JUSTICE AND HOME AFFAIRS AND EUROPEAN INTEGRATION PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS.

The EU International Procurement Instrument - in the Age of Economic Nationalism Rome, 4 July 2017 Dr. Aris GEORGOPOULOS University of Nottingham, School.

CRIMINAL LAW OF THE EUROPEAN UNION 16 March 2016 HISTORICAL DEVELOPMENT OF EU COMPETENCES IN THE AREA OF CRIMINAL LAW Dr. sc. Zoran Burić University.

The European Court of Justice Organization and Jurisdiction

DIRECTORATE GENERAL FOR INTERNAL POLICIES

International Agreements

Business Law Course Department of Business and Law, University of Siena Dr Gabriella Gimigliano, Senior Researcher in Business Law Business Law Course,

Chris Backes Mariolina Eliantonio Franziska Grashof

Tomáš Weiss Department of West European Studies

European case studies relating to the administrative approach

EU Competences Tamara Ćapeta 2016.

European Union Law Law 326.

First instance review in Slovenia

DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION

The European Court of Justice Organization and Jurisdiction

The Review of the Remedies Directives the Commission’s perspective

The New Provisions of the Amended Remedies Directive

The European Court of Justice Organization and Jurisdiction

Dr. Wiebke Dettmers, LL.M. (Univ. Helsinki)

The External Competences of the EU

The European Court of Justice Organization and Jurisdiction

The European Anti-Corruption Report

The Law of the European Union

EU Powers Tamara Ćapeta 2014.

Presentation transcript:

Defence and Security Procurement Directive: Remedies London 8 June 2011 Defence and Security Procurement Directive: Remedies London 8 June 2011 Dr. Aris GEORGOPOULOS Head of Research Unit on Defence and Strategic Procurement, PPRG Law School, University of Nottingham

-EU Institutional/Constitutional Context -Enforcement -Issues arising -Conclusions Outline

THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP

This differentiation in the intensity of integration refers primarily to the following:This differentiation in the intensity of integration refers primarily to the following: a)Decision making process- instruments b)Role of the European Commission c)Adjudication role of the Court of Justice of the EU d) Role of the European Parliament Accordingly: Accordingly: -Internal Market -> high degree of intensity of integration (supranational) -CFSP/CSDP -> lower intensity, limited role for Commission, CJEU, Parliament (intergovernmental) EU Institutional/Constitutional Context

THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP Defence Procurement Offsets (civilian) Offsets (defence)

THE EUROPEAN UNION Internal Market 1 st Pillar CFSP 2 nd Pillar3 rd Pillar CSDP Defence Procurement Directive Code of Conduct Defence Procurement (EDA) Guidance on Offsets??? Code of Conduct on Offsets (EDA)

EU Level: - Commission or MS instituted Proceedings before CJEU - Corrective Mechanism (Art. 63 Dir) Enforcement

National Level: - Administrative Remedies:  If MS require contractor to seek review from CA first → must provide automatic suspension of possibility to conclude the contract (Art 55 (6) Dir) Enforcement

National Level: - Legal remedies/mechanisms:  Interim Relief and other measures (Art 56 Dir)  Set aside (Art 56 Dir)  Damages (Art 56 Dir) Enforcement

National Level: - Legal remedies/mechanisms:  Stand still period (Art 57 Dir)  Ineffectiveness (Art.60 Dir)  Alternative Penalties (Art. 61 Dir) Enforcement

- Can MSs limit the availability of these remedies only to EU based economic operators? - Can these remedies provide adequate enforcement? - Can national Courts review the use of Article 346 TFEU? Issues arising

- Remedies in defence and security procurement are meant to provide the “teeth” of the new regime. - The new framework uses the complete panoply of the acquis in the area of procurement remedies - Its success will depend upon: a) The willingness of contractors to use these remedies (Country specific at least at the beginning) b) Separation of powers and judicial activism – Country specific (see Germany) Conclusions

Dr Aris GEORGOPOULOS School of Law University of Nottingham Public Procurement Research Group Nottingham NG7 2RD UK Webpage: PPRG/DSPUnit: Thank You