The interplay between EU legislation and effectiveness, effective judicial protection and the right to an effective remedy in EU public procurement law

Abstract

Until recently, the remedies directives were the only benchmark used by the Court of Justice to assess the legality of national remedial rules. The general principles of equivalence, effectiveness and effective judicial protection have been rarely invoked, and when they have, this has only happened in recent years. Recourse to the Charter has been even rarer and has only exceptionally resulted in accrued judicial protection as compared to what is already provided by the remedies directives. Today the Court seems in some cases to switch from being too focused on the remedies directives to becoming oblivious of their effet utile. Taking the Charter into considerations does not yet translate in an advancement of the protection of the rights of economic operators.