Private Enforcement of EU Law Before National Courts

Private Enforcement of EU Law Before National Courts

The EU Legislative Framework

Elgar European Law and Practice series

Folkert Wilman

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Chapter 3: PUBLIC PROCUREMENT LAW

Folkert Wilman

Subjects: law - academic, constitutional and administrative law, european law, law -professional, european law

Extract

Part B of this book focuses on the selected EU legislation facilitating the private enforcement of EU law before national courts. It consists of four chapters, each chapter being dedicated to a particular field of EU law and the specific legislative measures adopted in that connection. The present Chapter 3 is concerned with the Procurement Remedies Directives relating to EU public procurement law. The first section below introduces these directives by discussing the relevant substantive rules, their background and a number of general issues. The following two sections then assess in more detail the content of these directives. To that aim the remedies set out therein are first outlined and analysed, followed by a discussion of the most important procedural provisions. In the final section of this chapter attention is paid to certain other issues related to the enforcement of EU public procurement law. The first subsection below outlines the main substantiverules of EU law on public procurement. In the following subsection the Procurement Remedies Directives are introduced, with particular regard to the process leading to their adoption, their objective and scope as well as their revision in 2007. Finally, a number of additional general remarks are made as regards the broader context in which these directives operate.

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