Each Member State can determine how to set up the institutional framework for the enforcement on public procurement rules but the Remedies Directive imposes certain requirements which these systems must fulfil. The Norwegian legislator has chosen to steer the enforcement of public procurement legislation to the ordinary courts, and from 2003 the national complaints board (KOFA) has served as an informal supplement to the courts with its advisory opinions. The Commission set forth a proposal to change the national remedies system by making a number of institutional changes. The purpose of the changes is to make it easier to achieve legal measures before the contract is awarded in order to stop or rectify illegal decisions taken by a contracting authority. It is in the Commissions view that this will reduce the frequency of subsequesent action for damages. Overall, this approach will ensure efficiancy and will align the Norwegian remedies system with the other Nordic countries. The key elements in the Commissions proposal includes: formal and binding decisions from KOFA, a complaint addressed to KOFA within the standstill period suspends the contracting authority’s ability to enter into the contract. The suspension remains in effect until KOFA has resolved the case, or until KOFA determines to set it aside, the competence to take interim measures, set aside decisions and impose sanctions are placed with KOFA and the courts, determination of whether there are grounds to hold the contracting authority liable for damages (both bid costs or lost profits) is deferred to the courts, the Competition Authority supervise compliance with the duty to publish contract notices, the Competition Authority may bring a case to be reviewed by KOFA in order to have a the sanction «ineffectiveness» imposed upon a contract, the Competition Authority is also empowered to impose fines for illegal direct awards, and complaints against the Competition Authority’s decisions are reviewed by KOFA.
Forarbeid