A survey by the Local Government Association published this week has revealed. Although only a small pool, the result is interesting as it makes you wonder if this is a common trend across government. Only 36% of respondents believe that the EU Remedies Directive has led to more efficient and effective procurement practices.
The Remedies Directive aims to strengthen the hand of losing suppliers to challenge contracts under the OJEU. It highlights steps suppliers can take to challenge the award of a public contract. A key change is the remedy of “ineffectiveness” which gives courts the powers to scrap a contract in particular circumstances including, if it has not been advertised, the “standstill” period has been ignored or if the rules governing a framework agreement have been broken.