The Spanish Remedies System in Public Procurement: Strengths and Opportunities for Improvement

The current Spanish remedies system in public procurement comes from the transposition of the requirements of Directive 2007/66 into Spanish public procurement law. With regard to the previous situation, considered insufficient by the Court of Justice (Case C-444/06, Commission v. Spain), advances i...

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Bibliographic Details
Published in:European procurement & public private partnership law review 2013, Vol.8 (2), p.118-131
Main Author: Blay, Miguel Ángel Bernal
Format: Article
Language:eng ; ger
Subjects:
Court decisions
Judicial reviews
Regulation
SPECIAL FOCUS: REMEDIES IN PUBLIC PROCUREMENT
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Summary:The current Spanish remedies system in public procurement comes from the transposition of the requirements of Directive 2007/66 into Spanish public procurement law. With regard to the previous situation, considered insufficient by the Court of Justice (Case C-444/06, Commission v. Spain), advances in the protection system of bidders are remarkable: there are now independent and specialized review bodies that are empowered to suspend the award procedure of a public contract when an infringement is alleged, until the review procedure is resolved. However, the system still has some weaknesses, such as the inability to use this special remedies system for contracts not covered by the public procurement directives, the proliferation of bodies responsible for the review procedures (a central body, several regional bodies, and some at the local level), and the inability to use the remedies system during the performance phase of the contracts, after the contract has been concluded (e.g. in relation to modifications of the provisions of a public contract during its term).
ISSN:2194-7376
2194-7384