Right to an Effective Remedy and to a Fair Trial: Is it Irrelevant whether a Procurement Review Body is Judicial in Character? Case C-303/22, CROSS Zlín

Albert Sanchez-Graells

Right to an Effective Remedy and to a Fair Trial: Is it Irrelevant whether a Procurement Review Body is Judicial in Character? Case C-303/22, CROSS Zlín

Albert Sanchez-Graells

University of Bristol Law School

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Abstract

In this case comment, I reflect on the position taken by the Court of Justice of the European Union in CROSS Zlín that, for the purposes of suspending the effectiveness of contract award decisions and preventing the conclusion of public contracts, it is irrelevant whether a procurement review body is judicial in character or not. I reiterate the call for a review of the Remedies Directive.

Original language	English
Pages (from-to)	89-102
Number of pages	14
Journal	Review of European Administrative Law (REALaw)
Volume	17
Issue number	3/4
Publication status	Published - 20 Dec 2024

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abstract = "In this case comment, I reflect on the position taken by the Court of Justice of the European Union in CROSS Zl{\'i}n that, for the purposes of suspending the effectiveness of contract award decisions and preventing the conclusion of public contracts, it is irrelevant whether a procurement review body is judicial in character or not. I reiterate the call for a review of the Remedies Directive.",

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AB - In this case comment, I reflect on the position taken by the Court of Justice of the European Union in CROSS Zlín that, for the purposes of suspending the effectiveness of contract award decisions and preventing the conclusion of public contracts, it is irrelevant whether a procurement review body is judicial in character or not. I reiterate the call for a review of the Remedies Directive.

M3 - Comment/debate (Academic Journal)

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JO - Review of European Administrative Law (REALaw)

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Right to an Effective Remedy and to a Fair Trial: Is it Irrelevant whether a Procurement Review Body is Judicial in Character? Case C-303/22, CROSS Zlín

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