Administrative Law / Droit administratif 2009 Portugal

Administrative Law / Droit administratif

2009

Portugal

Carlos Vaz de Almeida / João Louro e Costa

Lawyers at Uría Menéndez, Portugal

Various pieces of legislation were adopted in Portugal during the course of 2009, with special reference to the field of Public Law, including Decree-Law No. 34/2009, of February 6, which introduced in Portugal the public procurement ex­ceptional measures. The said Decree-Law established accelerated tendering pro­ce­dures and increased the relevant thresholds with respect to the limitations regard­ing the awarding of public contracts by means of direct agreements, though with­out in­troducing relevant mechanisms capable of safeguarding some of the most im­por­tant principles and provisions set forth in the Treaty of Rome. Therefore, this stat­ute may propitiate a lack of transparency and competition unacceptable within the current European public procurement framework.