Walter Nash

The Emergence of Trans-EU Collaborative Procurement: A 'Living Lab' for European Public Law

“…However, simply suppressing those controversial rules has not sorted out the problem and the legal uncertainties surrounding judicial review of collaborative cross-border procurement remain largely the same as prior to the adoption of Directive 2014/24/EU. 135 The European Commission could have fixed this problem by proposing a reform of the Remedies Directive, which was subjected to a review of its regulatory fitness and performance (REFIT) in 2013. However, in 2017, and despite repeatedly acknowledging that there is much needed clarification on the interplay between the Remedies Directive and the 2014 Public Procurement Package, the Commission decided that no legislative action was needed.…”