Assessment of Procurement Complaints Dealt by Trial Committees from the Perspective of Fair Trial Principles

Document Type : Research Paper

Authors

Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.22099/jls.2023.41298.4465

Abstract

Until the enactment of the Public Procurement Law, disputes over tenders were heard in public courts. Nevertheless, the law placed litigation between the tenderer and the contracting authorities within the jurisdiction of the procurement complaints’ committee of trial. Indubitably, the establishment of this committee is a positive step due to the simple, free and specialized proceedings of this committee towards public courts. Nonetheless, the committee’s procedural rules suffer from some defects in terms of the principles of a fair trial, which could impugn its performance. If the trial's purpose is to realize the right, then the way to reach the right shall be just. Otherwise, the trial is rendered futile, whether it is held in a court or in a tribunal-like entity. The findings of the present study indicate that principles such as the right to litigation, impartiality, access to verdicts and having a lawyer are not observed in such committees. Litigation is subject to the opinion of the chairman of the contracting authority, most of the members of the committee are officials of the executive branch, the board's verdicts are not published and the right to have a lawyer is not stipulated in the committee’s charter. Ergo, the pertinent laws and regulations as well as the procedure of the aforementioned committees should be amended.

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References

Carroll, Alex (2007) Constitutional and Administrative Law, London: Longman.
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Rubinston, Robert (2005) “A Theory of Access to Justice”, Journal of the Legal Profession, Vol. 29, No. 90, pp. 89-156.

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