Policies

Revision of the Remedies Directive: ACE policy

21.12.2016

 

In 2015, the ACE ADC/PP Working Group decided to take a position in the on-going revision process of the EU Remedies Directive. It was pointed out that there are virtually no cases where an architect has succeeded in obtaining a contract as a result of a successfully pursuing a complaint under the Remedies Directive; instead there was a high risk of being blacklisted. Consequently, ACE recommended two modifications to the Remedies Directive:

1. Establishment of a right of action / to institute proceedings (complaints competence) for the professional organisations of architects (chambers and associations).
2. Establishment of appropriate sanctions (penalties) for contracting authorities infringing public procurement provisions.
The revision of the Remedies Directive (last amended in 2007) is due and the European Commission has taken several steps in preparation of legislative proceedings. In 2015, under the REFIT programme, a public consultation took place in response to which ACE communicated informally its proposals.


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