by Sue Arrowsmith - Public Procurement Network

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Simplification of the legal rules • Law is too difficult to apply and litigation excessive because of: • Complexity of material • Volume of material • Low quality of legislation (poor drafting, inconsistency between regimes etc) • Low quality and unpredictable nature of CJEU decisions • Uncertainty (because of above and because some issues not dealt with) • This fact underlies the rule that cannot deny damages because there were other errors in the award procedure that would require a re-tender
Simplification of the legal rules • More detailed rules will not solve these problems • Volume and complexity of material is increased • Some uncertainty removed - but more created and new issues emerge
Page 1 and 2: Professor Sue Arrowsmith, Achilles
Page 3 and 4: The functions of supplier remedies
Page 5 and 6: The problems of litigation • Disr
Page 7: A better balance between costs and
Page 11 and 12: Simplification of the legal rules
Page 13 and 14: Simplification of the legal rules
Page 15 and 16: Supplier remedies: a different appr
Page 17 and 18: How would these changes to remedies

by Sue Arrowsmith - Public Procurement Network

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