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Malta to amend its public procurement legislation

Thursday November 24th, 2011

Malta has been requested by the European Commission to amend its public procurement legislation, in particular its national review procedures concerning decisions to award public contracts. 

The Commission is concerned that these rules do not conform to the Remedies Directive (2007/66/EC ), which sets out EU-wide standards to ensure rapid and effective means of redress in cases where bidders consider that contracts have been awarded unfairly. 

If this Directive is not properly and promptly implemented, there is a risk that bidders cannot efficiently challenge illegal contract awards. 

The Commission’s request to Malta takes the form of a reasoned opinion, the second stage of EU infringement proceedings. If Malta does not notify measures to ensure compliance with EU public procurement rules within two months, the Commission may refer this matter to the EU’s Court of Justice.

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