by Sue Arrowsmith - Public Procurement Network
by Sue Arrowsmith - Public Procurement Network
by Sue Arrowsmith - Public Procurement Network
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Simplification of the legal rules<br />
• Law is too difficult to apply and litigation excessive<br />
because of:<br />
• Complexity of material<br />
• Volume of material<br />
• Low quality of legislation (poor drafting, inconsistency between<br />
regimes etc)<br />
• Low quality and unpredictable nature of CJEU decisions<br />
• Uncertainty (because of above and because some issues not dealt<br />
with)<br />
• This fact underlies the rule that cannot deny damages<br />
because there were other errors in the award<br />
procedure that would require a re-tender
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