Modification of (public) contracts during their term and Competition: European Union law versus Portuguese law | 2015

Author(s) Susana Isabel Duarte Ramos
Advisor(s) Isabel Celeste M. Fonseca
Year 2015

Synopsis The present dissertation, named as “Modification of (public) contracts during their term and Competition: European Union Law versus Portuguese Law” aims to understand and to solve potential difficulties that may arise from the interpretation and integration of the newly created article 72º of the Directive 2014/24/UE of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, on the Portuguese legal system, and also, to facilitate its comprehension on the European Union panorama. It is our purpose, starting with a brief review of the evolution of the European Union’s law on public procurement, to acknowledge how the article 72º is – and the competition principles that conform it – an expression of the use of the public contracts in order to ensure the most efficient use of public funds, to provide a better public service, to promote economic growth and to prevent corruption on all Member States. Adding to the article’s 72º density and extension, the fact that it establishes a new regime for a new subject2, one must certainly expect the emergence of doubts and uncertainties concerning to its interpretation. Therefore, it is our intent to offer a series of criteria that will easily permit the interpreter to distinguish in which situations a new procurement procedure shall be required due to the modification of the original terms of the contract from those in which it shall not be. On the other hand, and while the deadline given to Member States to bring into to force the rules of the Directive 2014/24/UE is getting closer, we plan to study the implications of its article 72º on the Portuguese administrative contract, characterized and individualized by the regime stated to its modifications, in general, and to ius variandi, in particular.

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2018-02-07T11:07:23+00:00