The third in Dr Hebly’s remarkable series of legislative histories of European
law concerning the procurement procedures of contracting authorities in the
classical sectors and entities operating in the water, energy, transport, and
postal services sectors, this volume focuses on review procedures and remedies
as specified in Directives 89/665/EEC and 92/13/EEC, as amended by Directive
2007/66/EC. Earlier publications involved the legislative history of Directive
2004/17/EC (contract rules and procedures) and Directive 2004/18/EC
(coordination of procedures for awarding contracts). This new volume gathers
in one place all the relevant documents that led to the adoption of the
Remedies Directives, as well as to their subsequent amendments. In great
detail it clearly reveals the negotiation and compromise over the realization
of the legislative objectives, clearly explaining the evolution of such
crucial elements and outcomes of the debate as the following:
scope and availability of review procedures;
requirements for review procedures;
infringements and penalties;
content of a notice for voluntary ex ante transparency;
Included are the final texts of the Remedies Directives, unofficial
consolidated texts, and documents that were formative in the implementation of
the Directives (including proposals, common positions, and compromise texts),
as well as highlighted excerpts that give an insight into the drafting of the
final texts. A list of legislative documents offers as complete an overview as
possible of every item that played a role in the creation of the Remedies
Directives, including amendments since the Directives came into effect. Along
with its companion volumes, this important book will be a powerful resource
for lawyers and policymakers engaged in the practice and development of
European procurement law, and an incomparable desktop reference for scholars
and researchers in the field.
Preface. Directive 89/665/EEC. General Explanation. Preamble. Recitals 1–9.
Articles 1–6. Directive 92/13/EEC. General Explanation. Preamble. Recitals
1–22. Chapter 1: Remedies at National Level. Articles 1–2.
Chapter 2: Attestation. Article 3. Chapter 3: Corrective Mechanism.
Article 8. Chapter 4: Conciliation. Chapter 5: Final Provisions.
Articles 12–14. Directive 2007/66/EC. Schedule of Legislative Procedure.
General Explanation. Preamble. Recitals 1–37. Articles 1–5. List of
Legislative Documents in Chronological Order. Directives and Other Legislation
Referred to in the Legislative History of Directives 89/665/EEC, 92/13/EEC and