Tender and Public Procurement: Recent Developments in EU and Irish Law

Finola McCarthy

May 2007

A paper given to a joint meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork on 13th November 2006.

All EU member-states have had to implement the 2004 new Directives on public procurement; and they must all also abide by evolving ECJ case law, which interprets the Directives but also applies general EU principles of law to procurement situations not precisely regulated by the Directives. Finola McCarthy outlines the requirements and possibilities of EU procurement law in the light of the 2004 Directives and examines their implementation in Irish law, looking in particular at the remedies available to a disappointed tenderer and to likely changes in the EU regime in the near future.

New procurement legislation - The 2004 PSD: the main changes - Changes arising during procurement process - Selection criteria and award criteria: some issues - Participation in tenders by those involved in preparatory work for the tender - emedies for non-compliance - Practical and legal issues for a disappointed tenderer - Future developments.

The author: Finola McCarthy is a solicitor with onan Daly Jermyn, Solicitors, Cork.

Text 25 pages.

PDF file size: 242k