The Comparatist’s Lens on Remedies in Public Procurement – Roberto Caranta

It has been some times since the stipulated deadline for the implementation of Directive 2007/66/EC elapsed. Pursuing accrued effectiveness in the application of EU procurement law, the Directive revised the previous legislation mainly introducing two new remedies, standstill and ineffectiveness (with the ancillary remedy of alternative penalties).

Inevitably Member States have approached the implementation of Directive 2007/66/EC differently. At times, rules on remedies in public procurement have been rewritten almost from scrap. Other times, the new remedies have been grafted into the existing legislation. In both cases, the peculiar legal traditions of each Member State are deemed to influence the way remedies are not just implemented but applied.