New Publication by Kirsi-Maria Halonen on Aggregation Rules under Public Procurement Law
A new publication was released by Kirsi-Maria Halonen, Characteristics of Separate Operational Units – A Study on Aggregation Rules under Public Procurement Law. It is a report for the Swedish Competition Authority, and can be downloaded here. The concept of separate operational unit was introduced in 2014 Procurement Directives, but the directives provided very little guidelines on its interpretation or application. According to the 2014 directives a contract value can be based at the level of a single unit operating within a contracting authority in case it is independently responsible for its procurement. The Swedish Competition Authority requested the EPLG member Kirsi-Maria Halonen to look into the matter and in February…
Disclosure Rules In EU Public Procurement – Balancing Between Competition and Transparency
K-M.Halonen, Disclosure Rules In EU Public Procurement – Balancing Between Competition and Transparency, peer-reviewed, the Journal of Public Procurement, Vol. 16, Number 4, Winter 2016, pp. 528–553.
Is the remedy of contractual ineffectiveness truly effective in Finland?
The principle of effectiveness is one of the fundamental principles in EU law. Even though the principle ensures the effectiveness of all EU legislation, it also has a key role in the interpretation of EU procurement rules. The Cour of Justice of the European Union has often address the principle of effectiveness in its case law and has consistently held that, in the absence of EU rules governing the matter, it is for every member state to lay down the detailed rules of administrative and judicial procedures for safeguarding rights, which individuals derive from EU law.
The liability of a contracting authority for an infringement of public procurement rules leading to a contract’s ineffectiveness – A Finnish approach – Kirsi-Maria Halonen
The remedy of contractual ineffectiveness, based on the article 2 d of the Remedies Directive 2007/661, was implemented in Finland by the Act on Public Contracts (laki julkisista hankinnoista 30.3.2007/348, later referred as “APC”) in June 2010. The Remedies Directive 2007/66 left it to the Member States to decide whether the contractual ineffectiveness has retrospective (ex tunc) or prospective (ex nunc) effects. Unlike Sweden, Finland chose the latter. According to section 96.4 of the APC, a contract may be declared ineffective solely concerning the unperformed contractual obligations. The remedy of prospective contractual ineffectiveness applies only to contracts above the EU thresholds in Finland.2 Since the implementation of the Remedies…
Shielding Against Damages for Ineffectiveness: The Limitations of Liability Available for Contracting Authorities – A Finnish Approach
K-M.Halonen, Shielding Against Damages for Ineffectiveness: The Limitations of Liability Available for Contracting Authorities – A Finnish Approach peer-reviewed, Public Procurement Law Review (P.P.L.R.) 2015, 4, 111-121.
