The article examines the powers of the administrative judge in relation to public procurements, in light of the innovations introduced by the implementation of directive 2007/66/Ce. After analyzing how relevant the topic was in the first version of the “remedies “ directive and then how it has been managed in the 2007 directive, the article defines how the implementation has re-established the powers of the administrative judge. The applicable remedies system is grounded in the contract ineffectiveness decision; on one hand, we have the restitution in kind and the restitution in value; on the other hand, the alternative penalties the judge can award. The interlacement between such remedies brings up a number of issues regarding the role of the judge and the nature of the enforceable legal actions. Apart from the existing inner difficulties of the administrative proceeding, the implementation of directive 2007/66/ Ce gives the opportunity to comprehend how the Community law affects the national law–making processes.

I poteri del giudice nel processo amministrativo sui contratti pubblici

FONDERICO, GIULIANO
2010

Abstract

The article examines the powers of the administrative judge in relation to public procurements, in light of the innovations introduced by the implementation of directive 2007/66/Ce. After analyzing how relevant the topic was in the first version of the “remedies “ directive and then how it has been managed in the 2007 directive, the article defines how the implementation has re-established the powers of the administrative judge. The applicable remedies system is grounded in the contract ineffectiveness decision; on one hand, we have the restitution in kind and the restitution in value; on the other hand, the alternative penalties the judge can award. The interlacement between such remedies brings up a number of issues regarding the role of the judge and the nature of the enforceable legal actions. Apart from the existing inner difficulties of the administrative proceeding, the implementation of directive 2007/66/ Ce gives the opportunity to comprehend how the Community law affects the national law–making processes.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/5006450
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