14/02/2022

THE DOCTRINE OF COMPLEX LEGAL ACT IN PUBLIC PROCUREMENT: A SHADED ACCESS TO THE STATE COUNCIL

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Many legal scholars have already taken up the pen around the way the XIIth Chamber of the Council of State applies the Labonorm doctrine. This indicates a possible lack of clarity or instability in this regard. This is to the detriment of bidders for public contracts/concessions and contracting authorities, but also to the detriment of the legal practitioner who has to defend the interests of his client.

Jorien Van Belle and Kris Wauters have therefore attempted to shed some light on this complex issue. Their contribution aims at explaining the scope of the Labonorm doctrine in the light of the following and most recent case law of the XIIth Chamber. Furthermore, they have subjected the Labonorm doctrine to a review with EU law and the fundamental right of every citizen to have access to justice.

Read all about it in the legal journal March├ęs et Contrats publics/Overheidsopdrachten en -Overeenkomsten, 2021/1, pp. 11-27.

THE DOCTRINE OF COMPLEX LEGAL ACT IN PUBLIC PROCUREMENT: A SHADED ACCESS TO THE STATE COUNCIL