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Remedies Directive in Need of Remediation?

Ståhl, Magnus LU (2017) LAGM01 20171
Department of Law
Abstract
This thesis pertains to analyse the public procurement Remedies Directive in the light of other EU law. The areas and legal instruments that will be presented and compared with the Remedies Directive are the Public Procurement Directive, fundamental rights and domestic public law. After the introduction section, relevant parts of the Public Procurement Directive, the Charter of Fundamental Rights, and different aspects of domestic public law will, in that order, be scrutinized and put into relation with the Remedies Directive. Subsequently, the findings in the previous sections will be analysed in a general analysis section where shortcomings of the Remedies Directive are identified and conclusions are made. Lastly, the conclusions will be... (More)
This thesis pertains to analyse the public procurement Remedies Directive in the light of other EU law. The areas and legal instruments that will be presented and compared with the Remedies Directive are the Public Procurement Directive, fundamental rights and domestic public law. After the introduction section, relevant parts of the Public Procurement Directive, the Charter of Fundamental Rights, and different aspects of domestic public law will, in that order, be scrutinized and put into relation with the Remedies Directive. Subsequently, the findings in the previous sections will be analysed in a general analysis section where shortcomings of the Remedies Directive are identified and conclusions are made. Lastly, the conclusions will be discussed in a final discussion where personal opinions and observation are shared and presented.

The findings of this thesis demonstrate that the Remedies Directive is in need of legislative reform. This conclusion mainly originates from recent case law, the entry into force of the CFR as primary EU law and the fact that certain parts of the Remedies Directive have not been reviewed since its introduction in 1989. The most severe shortcomings in this regard is the potential application discrepancy between the Remedies Directive and the Public Procurement Directive emanating out of the judgement in the Falk Pharma case. However, the Remedies Directive is mainly well aligned with the fundamental rights enshrined in the CFR, whereas it needs some changes in order to clarify its interplay with domestic public law and ensure consistent judicial protection for all procurement decisions. (Less)
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author
Ståhl, Magnus LU
supervisor
organization
alternative title
An Analysis of the Public Procurement Remedies Directive
course
LAGM01 20171
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EU law, administrative law
language
English
id
8923795
date added to LUP
2017-09-25 11:52:46
date last changed
2017-09-25 11:52:46
@misc{8923795,
  abstract     = {This thesis pertains to analyse the public procurement Remedies Directive in the light of other EU law. The areas and legal instruments that will be presented and compared with the Remedies Directive are the Public Procurement Directive, fundamental rights and domestic public law. After the introduction section, relevant parts of the Public Procurement Directive, the Charter of Fundamental Rights, and different aspects of domestic public law will, in that order, be scrutinized and put into relation with the Remedies Directive. Subsequently, the findings in the previous sections will be analysed in a general analysis section where shortcomings of the Remedies Directive are identified and conclusions are made. Lastly, the conclusions will be discussed in a final discussion where personal opinions and observation are shared and presented.

The findings of this thesis demonstrate that the Remedies Directive is in need of legislative reform. This conclusion mainly originates from recent case law, the entry into force of the CFR as primary EU law and the fact that certain parts of the Remedies Directive have not been reviewed since its introduction in 1989. The most severe shortcomings in this regard is the potential application discrepancy between the Remedies Directive and the Public Procurement Directive emanating out of the judgement in the Falk Pharma case. However, the Remedies Directive is mainly well aligned with the fundamental rights enshrined in the CFR, whereas it needs some changes in order to clarify its interplay with domestic public law and ensure consistent judicial protection for all procurement decisions.},
  author       = {Ståhl, Magnus},
  keyword      = {EU law,administrative law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Remedies Directive in Need of Remediation?},
  year         = {2017},
}