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Lookup NU author(s): Dr Aris Christidis
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© 2024 Thomson Reuters and Contributors. An overlooked remedial and corrective measure in public procurement regulation is the implied power of public authorities to unilaterally terminate a contract when certain violations have taken place. This article argues that this is a measure that requires careful regulation and that legislators in the UK, the EU and elsewhere should consider more carefully how to utilise and implement this measure. It examines the implementation of this measure in the EU and the UK. The article pays special attention to the recently introduced Procurement Act 2023 and submits that the “implied right” of termination in s.78 is poorly drafted. The article suggests four parameters that require attention to effectively implement a power for public authorities to unilaterally intervene (and not only terminate) in a contract to remedy violations of the rules that regulate their contractual activity.
Author(s): Christidis A
Publication type: Article
Publication status: Published
Journal: Public Procurement Law Review
Year: 2024
Volume: 33
Issue: 2
Pages: 120-138
Print publication date: 01/03/2024
Online publication date: 16/02/2024
Acceptance date: 08/02/2024
ISSN (print): 0963-8245
ISSN (electronic): 2754-2203
Publisher: Sweet and Maxwell Ltd
