Current issues related to remedies system under the EU public procurement law

Establishing the review system in the public procurement, the remedies directives1 have been in force since 1989 and 1992 respectively, and were subject to review for the last time in 2007.2 Meanwhile, the substantial EU law on public and utilities procurement, besides being subject to constant development through the EU case law, has undergone extensive reforms by way of introducing new directives first in 20043 and then recently in 2014. 4 In addition to these legal changes, the public procurement situation is undergoing modernisation in the way of digitalisation. However, only some of the developments have found their way into the provisions of the remedies system. With these circumstances in mind, procurement experts have regarded the possibility of an upcoming review of the Remedies Directives as a probability.

Mari Ann Simovart
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