Unit:
Κατεύθυνση Δίκαιο της Ευρωπαϊκής ΈνωσηςLibrary of the School of Law
Author:
Zarari Chryssanthi
Supervisors info:
Ε-Ρ. Παπαδοπούλου-Επίκουρη Καθηγήτρια, Τομέας Διεθνών Σπουδών, Tμήμα Νομικής, ΕΚΠΑ
Μ. Κουσκουνά-Επίκουρη Καθηγήτρια, Τομέας Διεθνών Σπουδών, Tμήμα Νομικής, ΕΚΠΑ
Γ. Κυριακόπουλος-Λέκτορας, Τομέας Διεθνών Σπουδών, Tμήμα Νομικής, ΕΚΠΑ
Original Title:
Η παροχή έννομης προστασίας στο πεδίο των δημοσίων συμβάσεων βάσει των "δικονομικών οδηγιών"
Translated title:
Remedies for enforcing EU public procurement rules according to the "procedural directives"
Summary:
Since the 1980s, it has become clear that the system for regulating public procurement procedures falling within the scope of the Community directives would be left in vacuum if it was not accompanied by a parallel system of review procedures.
This awareness led to the adoption of so-called procedural directives. The ECJ, by displaying judicial activism in this field, at least initially, attempted to fill the gaps that arose because of their elliptical formulation and conciliate them with the principle of procedural autonomy of member states.
The subsequent question posed after the recent amendment of the Public Procurement directives is whether it is possible to provide effective legal protection in the contemporary field of public procurement? Do also the procedural directives ultimately need to be amended too?
The lever to approach the issue was the investigation and systematization of all the relevant cases of the ECJ in order to demonstrate that the initially amorphous area of legal protection in the field of public procurement, has acquired "personality" in terms of the provided remedies and also of the foreseen sanctions. At the same time, issues that still create legal uncertainty, have been highlighted.
I hope that this study, will be useful to economic operators, contracting authorities/contracting entities, but also to lawyers, researchers and why not to the legislator.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
public contracts, public procurement, remedies, effectiveness, procedural autonomy
