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EBRD 2010 Regional Assessment of
Public Procurement Legal Frameworks
Efficiency of Public Procurement
National Remedies Systems
Spyros Panagopoulos
Remedy procedures
in public procurement regulation
• Remedy procedures in public procurement
- These are legal measures, which can be used to rectify defects
or law infringements in the public procurement process
• Remedies vs. Compensation approach
Remedies rectify irregularities in a procurement process in
progress, while damages might be usually paid to an aggrieved
tenderer once the tender process has finished
• Main advantage of the remedy procedures
Enable a procurement process to continue, whilst simultaneously
addressing the disputed points
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Basic features of the modern
public procurement remedies function
• right of the tenderer to seek a review
• right of the tenderer to seek remedial action as
opposed to monetary compensation
• a dedicated remedies system
• an independent body, authorised to sanction remedial
action
• access to judicial review
• where remedies procedures are not feasible, the right
of the tenderer to seek compensation
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Research methodology
TWO PERSPECTIVES:
• ‘Law on the books’
• ‘Law in practice’
FIVE KEY PARAMETERS:
• Simplicity
• Speed (swiftness)
• Cost
• Certainty
• Fit to context (appropriateness)
TWENTY NINE countries
Up to HUNDRED assessment points
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Assessment Results:
Availability of data on remedies
Data Source: Data collected in 29 countries
Unavailable for 4 countries in the EBRD region*
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
Survey
of the national
public
procurement
legislation
in 29 countries
in the EBRD
region
Review of
local
procurement
practice:
data
from
contracting
entities
in the EBRD
region
Assessment Online Database
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Survey of
remedies
procedures:
case studies
answered
by local
law
firms
Main Findings
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EBRD Public Procurement Assessment Results:
Total scores for Efficiency of Remedies*
Turkey
Croatia
Albania
Estonia
Hungary
Slovenia
Bosnia and Herzegovina
Slovak Republic
FYR Macedonia
Tajikistan
Poland
Latvia
Armenia
Montenegro
Georgia
Serbia
Bulgaria
Lithuania
Romania
Kyrgyz Republic
Ukraine
Russia
Belarus
Uzbekistan
Moldova
0
10
20
30
40
50
60
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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70
80
90
Efficiency of Remedies
Compliance rating in the EBRD sub-regions
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Assessment Results:
Efficiency of Remedies: Scores for Simplicity*
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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Assessment Results:
Efficiency of Remedies: Scores for Speed *
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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Assessment Results:
Efficiency of Remedies: Scores for Cost *
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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Assessment Results:
Efficiency of Remedies: Scores for Certainty *
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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Assessment Results:
Efficiency of Remedies: Scores for Fit-to-Context *
*Data not available for Azerbaijan, Mongolia, Kazakhstan and Turkmenistan
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Summary of Results (1)
GENERAL OVERALL COMPLIANCE RATINGS
– No countries rated ‘very high
– Five countries rated ‘high’
– Nine countries rated ‘medium,
– Seven countries rated ‘low’
– Six countries rated ‘very low’
 AVERAGE COMPLIANCE RATE: medium to low
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Summary of Results (2)
REGIONAL LEADERS
 Turkey
MAJOR DIFFICULTIES
 Bosnia & Herzegovina
 Poland
 Croatia
 Albania
CHALLENGING
VERY LOW COMPLIANCE
 Moldova
 Tajikistan
 Russia
 Uzbekistan
 Belarus
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Assessment Results:
EU Countries in the EBRD region
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EU Countries in the EBRD region:
Summary of Results
• EU Countries are leaders in the EBRD region,
however did not achieve very high compliance yet
• Higher compliance in the northern & central countries
much lower compliance in the southern countries
• Remedies are slow – increase in speed is required
everywhere in the EBRD region
• Remedies fees policy has to be reviewed in order to
facilitate wider access to the system
• Insufficient market awareness of the remedies bodies
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Assessment Results:
Balkan Countries and Turkey
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Balkan Countries and Turkey:
Summary of Results
• Turkey is a sub-regional leader
• Remedies systems are adequate and not too
complex, but generally with limited market awareness
• Dedicated remedies bodies established in most
countries
• Insufficient independency of the remedies body in the
region
• Implementation problems have been identified in
Montenegro and Albania
• Still low marks for resistance to corruption in some
countries
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Assessment Results:
Eastern European Countries, including
Georgia and Russia
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Eastern European Countries, including
Georgia and Russia: Summary of Results
• No evident regional leader
• Lowest average compliance score as compared to
the other country groupings in the EBRD region
• Insufficient independency of the remedies body in this
region
• Evident problems with speed and integrity of
remedies bodies
• High cost restricts access to the remedies system
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Assessment Results:
Central Asian Republics, the Caucasus and Mongolia
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Central Asian Republics, the Caucasus and Mongolia
Summary of Results
• No distinct regional leader
• Absence of a dedicated public procurement remedies
system
• Review is provided by general administration or
courts
• Insufficient independency of the remedies body in this
region, if in place
• Cost and complexity undermine the efficiency of the
remedies system in Uzbekistan
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General trends in the EBRD Region
• Introduction of dedicated public procurement
remedies procedures across the region
• First independent remedies bodies in place
• Progressive adoption of administrative review
means
• Time and cost undermine efficiency of the
remedies systems
• Complexity still present in various links of
the remedies chain
• Further efforts required in order to raise
efficiency, consistency and predictability
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The way forward
Institutional
framework
• Dedicated review
bodies
• Specialized PP
tribunals
• Integrity and
independence
safeguards
• Transparent
operation
• Integration
Regulatory
framework
• Administrative
review
• Standstill
• Ineffectiveness
• Time, complexity &
cost proportional
procedures
• Consolidated,
coherent &
streamlined process
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Administrative
capacity
•
•
•
•
•
Training
Guidance
Evaluation
Market consultation
Networking
Thank you for your attention.
Spyros Panagopoulos
LLM, Attorney at law
Public Procurement Monitoring Unit (EL), Greece
+30 6974 891989
[email protected]
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