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Caderno Sérvulo on Administrative Litigation and Arbitration #01/2016

CADERNOS SÉRVULO 21 Jun 2016

SÉRVULO launches the second issue of 2016 of the collection “Cadernos Sérvulo”, this being the first issue of the series on Administrative Litigation and Arbitration, and the fourth issue of the whole collection. This Caderno is authored by Duarte Rodrigues Silva and covers the theme of overturning the automatic suspension effect in pre-contractual litigation.

Within the context of the recent amendment to the Code of Procedures in Administrative Courts (Código de Processo nos Tribunais Administrativos) an attempt was finally made to make up for the deficit concerning the transposition of the New Procurement Remedies Directive. Almost six years after the deadline to finalise said transposition, the Portuguese legislator did not limit itself to importing that contained within EU legislation, trying, instead, to go further.

With this in mind, this paper identifies the main terms under which the regime relating to procurement judicial remedies was amended and, more specifically, it deals with the issue of overturning the automatic suspension effect of the award decision which follows the challenge to the latter’s validity. The perspective this paper takes is according to established law, notwithstanding the criticisms merited by the solutions that have been sketched out. Some of these criticisms appear in this article, either openly stated or contained implicitly in the text, and will, undoubtedly, be subject to heated debates, in doctrine and jurisprudence.

Available only in Portuguese.