Pachnou, D (2003) The effectiveness of bidder remedies for enforcing the EC public procurement rules: a case study of the public works sector in the United Kingdom and Greece. PhD thesis, University of Nottingham, UK.
Abstract
The enforcement of EC procurement law relies heavily on legal action brought by aggrieved bidders for public contracts before the national courts. National remedies for bidders have been harmonised by two EC directives. The study considers the extent to which a system of bidder remedies is an effective mechanism for enforcing the procurement rules, through text-based research of the public sector procurement remedies and an empirical study in the construction sector, based on interviews with bidders, awarding authorities and procurement lawyers, in two Member States, Greece and the United Kingdom. The findings of the research indicate that remedies are not in principle incapable of assisting enforcement but that the use that is made of them and their capacity to enforce the law depend on their features, in terms, particularly, of legal costs as well as of the likelihood of a case being won at trial. Before this project was undertaken, there was no empirical research work on procurement remedies. It is hoped that this study will interest everyone involved in contracts awards (namely, firms, public bodies and lawyers) as well as scholars of EC law studying the national enforcement of EC rules, either in the area of procurement or in other areas regulated by EC law. It is also hoped that the findings of the studywill be of some use to policy and law makers, at European and national level.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | contracts; Europe; Greece; interview; lawyer; policy; procurement; public sector; United Kingdom |
| Index terms: | construction sector, lawyer, Greece, United Kingdom, public sector procurement, interview, enforcement, effectiveness, bidder, empirical study, public work, public sector, case study, Europe |
| Subjects: | profession, data collection methods, contractual arrangements, bidding, performance management, research methods, physical geography and landforms, infrastructure engineering, health safety and environment, Geography, industry analysis, administrative law |
| Topics: | Research Practice, Roles and Professions, Quality Management, Legal Issues, Engineering Principles, Geographical Context, Health and Safety, Procurement |
| Descriptive scope: | 5 PCTEA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here