The community framework for the application of public procurement rules to contracting authorities and the cypriot legal order

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Abstract

This paper provides an overview of the Court's recent case-law in order to answer the question of the extent of the application of public procurement rules to contracting authorities. The aim of this paper is to analyse the effect that such application might imply for the Cypriot legal order in so far as the right to file recourse before the Supreme Court of Cyprus against contracting authorities is concerned. It is argued that the accession of Cyprus to the European Union and the Fifth Constitutional Amendment of 2006 according constitutional status to European Community law, has effectively overruled the case-law of the Supreme Court of Cyprus in accordance to which only legal persons of public law may be properly considered as contracting authorities.

Original languageEnglish
Pages (from-to)33-42
Number of pages10
JournalInternational Journal of Public Law and Policy
Volume3
Issue number1
DOIs
Publication statusPublished - 2013

Keywords

  • Cyprus
  • Fifth constitutional amendment
  • Public procurement

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