The President of the Republic promulgated the changes to the exceptional public procurement regime approved in Parliament, although with “reservations.” Marcelo Rebelo de Sousa says that the regime “was not very conducive to contradictory and the protection of trustof urgent administrative actions for pre-contractual litigation relating to projects financed or co-financed by the PRR.”
The justification for, even so, giving the green light to the decree of the Assembly of the Republic is the “worrying delay in the execution” of the PRR. The regime, Marcelo writes in the note published this Tuesday on the website of the Presidency of the Republic, “was presented as decisive for discover“This problem. And he warns: “Time will allow us to quickly test [isso mesmo]”.
Marcelo also justifies himself with the existence of “a clear majority” around the project, involving those who “voted in favor or abstained in the Assembly of the Republic.” The decree arose from a Government proposal approved in October fair with the favorable votes of PSD and CDS. PS, Liberal Initiative and PAN abstained and Chega, BE, PCP and Livre voted against.
All changes introduced are aimed at projects financed or co-financed through European funds or the PRR. The first came to introduce a regime of special preventive inspection by the Court of Auditors of the acts and contracts intended for the execution of projects financed or co-financed within the scope of the PRR.
But the decree also established the establishment of an “exceptional regime for urgent administrative actions of pre-contractual litigation whose purpose is to challenge acts of award” in procedures related to these contracts and also a “recourse to arbitration regime” not only for public works contracts but also for the supply of public goods or services within the scope of the PRR.
The Government was in Parliament defending the measures in September, and the Minister of Territorial Cohesion, Manuel Castro Almeida, stated then that given the execution deadlines of the Recovery and Resilience Plan “there is no margin for error or time for unforeseen events.” justifying the law proposed by the Government with the observation that it will not be possible to “fully implement the PRR” if the usual rules and practices are not changed.
Parliament approves proposal that provides for special measures for PRR projects
Source: Observadora
