Projects financed or co-financed by the Recovery and Resilience Plan (PRR) will be able to move forward without waiting for the decision of the Court of Auditors (TdC), or in the case of pre-contractual contentious actions, according to the diplomas approved this Thursday by the Government.
On Thursday, the Government approved three diplomas that aim to “accelerate the Recovery and Resilience Plan” (PRR), with increased resources and changes in inspection regulations.
According to the statement issued by the Council of Ministers on Thursday, one of the diplomas creates “a special regime of preventive inspection by the TdC for acts and contracts intended for the execution of projects financed or co-financed within the scope of the PRR.”
“The new diploma will allow projects to move forward, without having to wait for a decision from the TdC within the scope of its prior inspection competence.This inspection will be carried out simultaneously with the execution of the project,” it reads.
A diploma was also approved which “in the field of public procurement, establishes a special procedural regime – exceptional and temporary – applicable to contracts intended for the execution of projects financed or co-financed by the PRR.”
This decree-law allows that “in pre-contractual contentious actions aimed at challenging award acts, the automatic suspensive effect may be lifted by a summary decision of the judge.”
“The same Decree-Law also guarantees the possibility of resorting to arbitration in public works contracts or contracts for the supply of goods or the provision of services that are financed or co-financed by European funds, specifically by the PRR, and in which, in the execution phase, disputes arise that could jeopardize compliance with contractual deadlines or the loss of funds,” the Government also mentioned.
A resolution of the Council of Ministers was also approved which “authorizes the reinforcement of human resources of the Structure of the Mission to Recover Portugal (EMRP), increasing the limit of elements in the staff from 75 to 137”.
Regarding the diplomas in the area of supervision, the Minister of the Presidency, António Leitão Amaro, stressed this Thursday, in the press conference following the meeting of the Council of Ministers, that there will continue to be monitoring by both the Court of Auditors and Administrative Courts “on the legality of the processes, the financial legality and the contractual legality.”
“We need to make sure that oversight continues, but we need to make sure that this oversight is expeditious. and does not place obstacles that are disproportionate and unjustified,” he said.
The minister said that the measures now approved are the result of “much dialogue with the agents of the sector” and will allow the creation of “a special regime of preventive inspection by the Court of Auditors, specific to the PRR projects”.
Source: Observadora
