Title: The community framework for the application of public procurement rules to contracting authorities and the Cypriot legal order
Authors: Achilles C. Emilianides
Addresses: University of Nicosia, Arsinoes 74, 1010, Nicosia, Cyprus
Abstract: This paper provides an overview of the Court's recent case-law in order to answer the question of the extent of the application of public procurement rules to contracting authorities. The aim of this paper is to analyse the effect that such application might imply for the Cypriot legal order in so far as the right to file recourse before the Supreme Court of Cyprus against contracting authorities is concerned. It is argued that the accession of Cyprus to the European Union and the Fifth Constitutional Amendment of 2006 according constitutional status to European Community law, has effectively overruled the case-law of the Supreme Court of Cyprus in accordance to which only legal persons of public law may be properly considered as contracting authorities.
Keywords: public procurement; Republic of Cyprus; community frameworks; legal rules; contracting authorities; Cypriot legal order; case law; law reports; recourse; Supreme Court; European Union; EU; constitutional status; European Community; laws; EC; Fifth Constitutional Amendment; Cyprus Constitution; public law; public policy.
International Journal of Public Law and Policy, 2013 Vol.3 No.1, pp.33 - 42
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 10 Dec 2012 *