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The Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part I journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 43 - 54

Portugal has been leading the way in the implementation of e-procurement within the European Union. This paper, presented in two Parts, starts, in this Part I, by explaining the framework of e-procurement, describing the Portuguese experience regarding the use of electronic platforms based on factual data assembled by the Portuguese regulatory body. Part II describes the legal regime imposed by the European Union Law thoroughly, particularly by article 22 of Directive 2014/24/EU, which is contained in a specific ruling as it has occurred before the full 2014 Directives transposition. To provide the full picture of e-procurement in Portugal, the paper also explains the projected intention of the Directive transposition and the actual legal ruling enshrined in the Public Contracts Code (PCC). Keywords: e-Procurement; Directive 2014/24/EU Implementation


The Remedy of Ineffectiveness: Reform Perspectives journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 4, Page 374 - 382

Based on the analysis of the remedy of ineffectiveness present in the 2007/66 Directive and supported in the European Commission document concerning the Remedies Directive reform, this paper will explain how the remedy of ineffectiveness was implemented in Portuguese law in 2010. Although the Portuguese legislator replicated the Directive in some of its details, Portuguese provisions raised some interpretational issues. Therefore, bearing in mind the revision project subjected to public discussion in August 2016 and the effective Directives’ transposition, it will clarify how these issues of interpretation may be overcome. Furthermore, it will explain how the judicial protection is set out for a full functioning of the remedy.

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