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Public Procurement in Transitio n Countries : Major Trends in Provision of Access to Justice

Public Procurement in Transitio n Countries : Major Trends in Provision of Access to Justice. 16 July 2014. UNCITRAL Standards for Transparency, Accountability and Good Governance. European Bank for Reconstruction and Development. Cumulative business volume of €86 billion.

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Public Procurement in Transitio n Countries : Major Trends in Provision of Access to Justice

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  1. Public Procurement in Transition Countries: Major Trends in Provision of Access to Justice 16 July 2014 UNCITRAL Standards for Transparency, Accountability and Good Governance

  2. European Bank for Reconstruction and Development Cumulative business volume of €86 billion Note: Unaudited as at 31 December 2013

  3. EBRD Assessments Countries Surveyed

  4. 1. Can challenges be brought before an administrative review body? All over the EBRD region, administrative review systems are available as an independent body of the executive branch. However, they seldom employ tribunal due process procedures.

  5. 2. Is the review body independent? In most jurisdictions, public procurement law stipulates that the review system must be independent, especially from the contracting entity.

  6. Focus on CIS countries Assessment on Independence UNCITRAL on Impartiality Even structurally independent review bodies may not be impartial in practice.

  7. 3. Can challenges be brought before a court? Judicial review is not as widely available as administrative review. In some countries, judicial review is available only after administrative review procedures have been exhausted.

  8. 4.Is monetary compensation available as a remedy? In many jurisdictions, monetary compensation is available if a complainant can prove that the contracting entity violated a specific provision and as a result lost the substantial chance it had at winning the challenged contract.

  9. 5.Is remedial action available as a remedy? Remedial action is more widely available than monetary compensation as an available remedy.

  10. Focus on CIS region: Suspension measures

  11. 6.Are procurement proceeding records accessible? In most countries, records are maintained and accessible through online publication. Advancement in IT has made it cheaper to gather and publish procurement records to a broader audience.

  12. 7. Does the public procurement law have specific confidentiality provisions? In almost all jurisdictions, public procurement laws stipulate specific requirements on confidentiality of information in tender processes.

  13. 8. Is the reviews process accessible to SMEs? Procurement reviews and remedies system remains costly in many jurisdictions, restricting SME suppliers’ access to justice.

  14. Conclusion Review and remedies system should be affordable, timely, and effective Administrative review is widely available but lacks due process procedures Judicial review is not widely available and where available, often lacks suspension measures to effectively implement remedies Public procurement decisions and actions are still largely insulated from public scrutiny because review and remedies system remains expensive for wide use

  15. Contacts For all further enquiries, please contact: Michel Nussbaumer Chief Counsel Legal Transition Team Tel: +44 20 7338 7631 NussbauM@ebrd.com EBRD One Exchange Square London, EC2A @JN United Kingdom www.ebrd.com

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