Disclosure Within Public Procurement and During Contract Execution
Edited by Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells
Chapter 4: Procurement transparency as a gateway for procurement remedies
This chapter links transparency and effective judicial protection. Transparency in some of its multifold forms acts as a precondition to effective judicial protection. These two principles combined, together with their corollaries and the rules adopted to implement them (including those concerning the right of access to documents), define the level of protection offered to economic operators challenging public procurement decisions by EU institutions or national contracting authorities or entities. The duty to give (or to provide) reasons acts as a bridge between transparency and the right of access on the one hand, and effective judicial protection on the other. In many jurisdictions, judicial review focuses on the reasons given (or provided) by contracting authorities or entities. The extent to which contracting authorities or entities must disclose reasons for their decisions together with the types of accessible documents define the material upon which courts base their judgments.
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