Remedies for breaches of the public procurement rules in Denmark – Is the Danish enforcement system effective?

Effective enforcement of the EU public procurement rules is important for several reasons. First of all an effective enforcement system has a preventive effect in the sense that it ensures that the EU procurement rules are complied with. If effective remedies are not available, there is greater risk that contracting authorities will not follow the public procurement rules due to the lack of consequences for not doing so. Secondly, effective remedies ensure that an unsuccessful tenderer may seek compensation in cases where a contracting authority has violated the rules or, alternatively, that the procurement procedure is annulled, whereby a new procurement procedure can take place creating a new possibility for the complainant to participate in a competition for the contract. To ensure the above, it is essential that the remedies available are effective, but also that the overall enforcement system is effective including that complaints are dealt with fast and the possibility for a review body to suspend decisions taken by the contracting authorities. This article seeks to analyse whether the system for complaints for breaches of the EU public procurement rules in Denmark is an effective one.

Carina Risvig Hamer
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