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The Portuguese Recovery and Resilience Plan: journal article

First Legal Thoughts with Focus on Public Procurement (Part I)

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 3 - 13

This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan. Starting from the analysis of the legal framework offered by the European Recovery and Resilience Facility (RRF), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan (PRRP), with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the RRF, the PRRP and special measures for its implementation already with reference to the special public procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds, Recovery and Resilience Facility, Portuguese Recovery and Resilience Plan, administrative arbitration


Administrative Arbitration in Public Procurement in Portugal: State-of-the-Art journal article

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 225 - 235

In recent years Portugal has developed diferent regimes of public arbitration, especially in administrative law. The option to find an alternative to the courts, namely to solve conflits in public procurement is an ongoing project and naturaly a solution with advantages and disavantages. This study deals with some aspects of the general theory of administrative arbitration: not only the traditional matters, but also the recent changes to the Portuguese Code of Procedure in Administrative Courts (CPTA), as well as other aspects that we believe should deserve greater attention from the Authors. In addition, the rules on arbitration set out in the Portuguese Public Procurement Code are addressed. Finally, some notes are included on urgent administrative arbitration, in particular on the regime of ‘pre-contractual arbitration litigation’ resulting from the recent amendments to the CPTA. Keywords: administrative arbitration, urgency, public procurement, administrative procedure, appeals of arbitration decisions

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