Abstract

Appeal procedures in public procurement should respect the minimum requirements of the Remedies Directives as regards the nature of remedies and the fundamental principles of access to effective appeal procedures, speed, non-discrimination and transparency. National appeal procedures in public procurement must comply with the standards for effective judicial protection set out in Article 47 of the Charter of Fundamental Rights, as well as with the principles of equivalence and effectiveness that limit the Member States’ discretion within their procedural autonomy. Key factors affecting the effectiveness and efficiency of appeal procedures include the design of the dispute resolution forum and the binding force of judgments, the transparency of procedures and the provision of appropriate remedies, and the speed of proceedings.