<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.</p></abstract>

Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.

Appeal of Public Procurement Procedures

“Neofit Rilski” South-West University

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"Appeal of Public Procurement Procedures"}

Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and...

Appeal of Public Procurement Procedures

Published Online: Jul 23, 2019

Page range: 135 - 140

DOI: https://doi.org/10.2478/kbo-2019-0069

Keywords
Public Procurement, appeal, national courts, Court of Justice of EU

© 2019 Albena Ivanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Appeal of Public Procurement Procedures

Published Online: Jul 23, 2019

Page range: 135 - 140

DOI: https://doi.org/10.2478/kbo-2019-0069

KeywordsPublic Procurement, appeal, national courts, Court of Justice of EU

© 2019 Albena Ivanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
Public Procurement, appeal, national courts, Court of Justice of EU