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Administrative & Public Law

Public contracts subject to the audit court - F Castelo Branco

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Portugal’s Audit Court (Tribunal de Contas) is an independent body that supervises public accounts and expenditure and prosecutes public financial violations.
The Court, among other things, issues opinions on public annual accounts and controls expenses arising from decisions or contracts entered into by public entities. It assumes an important (and sometimes decisive) role in public procurement – works, services or supply exceeding €350,000 require prior clearance (visto) of the Audit Court in order to be effective financially.  Public contracting entities do not however necessarily need to wait for the clearance to initiate the performance of the contracts. In fact, the private contracting party is usually required to carry out the supply, the provision of services or initiate the construction before the Court issues a decision on the clearance procedure.
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The eyes of the Portuguese Audit Court on PPPs - Esquível Advogados

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A number of recent decisions by the Portuguese Audit Court (Tribunal de Contas – TdC) have had a significant impact on concession holders’ and award bid winners’ ability to renegotiate or revisit the terms of the contracts entered into with the Portuguese State. The result is that new factors need to be considered by those bidding for Portuguese concession or public works projects.
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Portugal's new public procurement law: a step towards modernisation - Barrocas Sarmento Neves

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The main objective of Portugal’s Decree Law 18/2008 of 29 January 2008 (Public Contracts Code – PCC) was to transpose Directives 2004/17 and 2004/18 of the European Parliament and Council dated 31 March 2004 to the Portuguese legal framework. However, it went much further than that and represents a profound modification to the Portuguese Public Procurement Law (PPL).
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