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Public Procurement Remedies within the Realms of the Laws of Malta

Joseph Calleja

This paper seeks to undertake a critical review of the remedies available under the Maltese public procurement regime. It transpires that there are various aspects relating to remedies under Maltese law that can potentially inhibit the effective review of decisions. The author’s review presents a number of observations dealing with the manner in which certain provisions have been drafted and the approach adopted by the Maltese legislator. Most predominant is the fact that when it comes to seeking redress the individual becomes entrapped trying to figure out the applicable provisions. Such complexities lend to a lack of legal clarity. Besides the various findings that are brought to the fore, the author humbly puts forth legislative recommendations in an attempt to contribute towards better governance in the Maltese public procurement regime, especially within the realm of remedies.
Keywords: Public Procurement; Malta; Remedies; Director of Contracts; Public Contracts Review Board.

Dr Joseph Calleja LL.B. (Melit.), LL.D. (Melit.) is an Advocate practicing in Malta.


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