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© 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.

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Presentation on theme: "© 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."— Presentation transcript:

1 © 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 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

2 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. What? + Why? l What: Study Review and remedies systems 27 Member States (24 returns) Review bodies, available remedies, review culture l Why: Better understanding + knowledge may help + inspire Sigma-partner countries in reforming or setting up.

3 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Review + Remedies How did Member States organise their review and remedies systems?

4 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. EC requirements l EC Remedies Directives: Rapid and effective remedies. Independent review bodies. Judicial review in last instance. Interim relief. l European Court of Justice case law. Alcatel Stadt Halle

5 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Not in EU law: l Administrative or civil judicial review? l Composition of review bodies? l Arbitration? l Number and size of review bodies? l Calculation of damages? l Procedural law?

6 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. What did we want to know? l Institutional framework. Courts and review bodies… l Legal framework. Procedural law, remedies… l Review and remedies culture. Legal education, attitudes… l Operation of the system. Number of cases, time, outcomes…

7 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Findings?

8 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Systems of review l Single system of review. 1 type of review body (1-3 instances) l 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 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Available remedies l Set aside of procurement decisions. l Set aside of award decisions. Alcatel! l Annulment of concluded contract. l Interim measures. l Damages.

10 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Scope l Same system for above and below EC thresholds? l Same system for public bodies and utilities?

11 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Review culture l Legal training. l Research. l Attitudes. l Outcome of proceedings. 1 st instance: varied in the MS. 2 nd instance: normally not successful.

12 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Thank you! l Martin Trybus University of Birmingham School of Law Edgbaston Birmingham B15 2TT United Kingdom Tel: +44 (0)121 414 3637 Fax: +44 (0)121 414 3585 M.Trybus@bham.ac.uk

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