Links I Liked [Public Procurement]

1. Commission publishes Report on the Remedies Directives effectiveness. I suspect this is the capping stone to justify not revising the Remedies Directives which, for me is a mistake. There is a significant difference between "speedy access to review mechanisms" and "speedy final decisions". And that before even mentioning the opportunity costs of cheap litigation (Portugal) or of very expensive litigation (UK),

2. Commission launches consultation about ex ante assessment of large infrastructure projects. I can already see the line of defense if project goes south "but the Commission said we were doing everything well!" Frankly, I am quite puzzled by this proposal at least in the current format.

3. Scottish Government publishes its Procurement Strategy 2017-19. Very pro EU, except when talking about local businesses and community benefits.

4. Welsh Government puts out Brexit whitepaper.  As for procurement, it is keen in keeping access to the European Investment Bank for obvious reasons, while at the same time, railing against the current procurement rules which limits the use of procurement proactively as a tool to generate economic activity as to keep public sector expenditure in Wales (p.32). That would not be a problem if not for the stated claim that Wales also wants full access to the Single Market. I think they mean "one way street access" to the Single Market.

Public Contracts Regulations 2015 - Regulation 91

Regulation 91 - Enforcement of duties through the Court

Regulation 91 establishes the High Court as having jurisdiction to rule over alleged violations of the duties owed to economic operators from EEA states (Regulation 89) or GPA signatory parties (Regulation 90). In addition Regulations 92 to 104 are applicable to the corresponding proceedings.

In what concerns legal standing by the economic operator, all that is required is at least a risk of suffering loss or damage arising from the breach of the duties contained in Regulations 89 and 90.