Enforcement Mechanisms of the Legal Obligations in Public Procurement- Comparative Study

Volume 22 , Issue 1 , January 2021 , Pages 691-703

Authors

Ahmed Aziz Hassan 1 ; Dawan Muhammad Jaza Abdulla 2 ; Arez Mohammed Sediq Othman 3

1 Lecturer College of LawUniversity of Sulaimani, Iraq Tishk International University

2 College of LawUniversity of Sulaimani, Iraq The American University of Iraq- Sulaimani

3 - Lecturer College of LawUniversity of Sulaiman i

DOI logo 10.17656/jzsb.11061

Keywords

Abstract

The key feature of an effective procurement regime is the existence of certain mechanisms to be
followed in order to guarantee the implementation of the rules and to enforce them when necessary.
Therefore, it is essential to have some rules and procedures to make sure that the procuring entity
takes the right path in the activities related to public procurement and allowing the participants
(bidders) to challenge the non-compliance decisions of the procuring entity on the legal grounds when
their rights are violated and to accomplish the transparency and accountability requirements of the
public procurement policy. This research evaluates the Iraqi law provisions related to enforcement
mechanisms and compares them with the European Union standards, the Agreement on Government
Procurement (GPA) and the United Nations Commission on International Trade Law Model Law on
Public Procurement (UNCITRAL Model Law on Public Procurement). Finally it recommends some
changes to be made in the shortcoming aspects of the related laws in Iraq.

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  • First online25 January 2021
  • Published at25 January 2021

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