Överprö̈vning av offentlig upphandling : En studie av rättsmedelsdirektivets tillämplighet i svenskt upphandlingsförfarande och problematiken avseende distinktionen mellan civilrätt och förvaltningsprocess

Sammanfattning: This thesis sets out to present the Swedish regulations of the review procedure of public procurement and their applicability in accordance to Directive 2007/66/EC of the European parliament and of the council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (the Remedies Directive). The regulations and principles of the tender procedure are based on the European Union legislation. One of the purposes with the Remedies Directive is for the member states to make allowances for the principle of the right to effective remedies. The thesis will focus on the review procedure with its regulations and principles shown in case law from both Swedish courts and the European Union Court of Justice. The aim with the Remedies Directive is to ensure the right to effective remedies, fore why the focus lies upon the implementation of the directive in the Swedish constitution. An important note in the tender procedure is the observation of the European union principle of good administrative behaviour, which will be exemplified and analysed. A few other European Union principles, primarily the principles of non-discrimination, openness and proportionality, will be highlighted in regard of the review process throughout the analysis. In conclusion, the distinction between civil law and the administrative process will be rendered during the analysis section, in which the distinction will be set out in relation to the Swedish review procedure of public procurement. An argument de lege ferenda regarding this distinction will end the analysis.