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Dynamics of East Asian Regionalism in Comparative Perspective 2007 et Designing the Project of Comparative Comparison of the Role of Law in East Asian and European Integration: Draft East Asian Charter and the

equivalent content of the Directive. 2. FACTS To understand the reasoning of the Judgment of the National Court right of access to information held by the public sector passive transparency . To make use of this right general right of access to public information is only limited if the nature of the information to be accessed the right of access to the information on a procurement proceeding prior to the adoption of a final decision before the Ministry of Health of the Autonomous Government of La Rioja for access to information on the DECISION OF THE NATIONAL COURT SAN, OCTOBER 1, 2020 (JUR 2021, 335708) ECLI:ES:AN:2021:4382, SPAIN

are among those functional to the adaptation of the service to the needs of the administration applying legislative decree 50 2016 Code of Public Contracts The adhesion of an administration to the contract stipulated economic impact the value of contracts awarded by adhesion is worth tens of millions of euros every year. The legitimacy of this practice requires upstream the determination of the entities that may adhere to the contract adaptation to the needs of ASST Bergamo Ovest. 3. JUDGMENT The judgment provides an opportunity to reflect DECISION N. 7016, 8 AUGUST 2022, COUNCIL OF STATE, SECT. III, ITALY

are among those functional to the adaptation of the service to the needs of the administration applying legislative decree 50 2016 Code of Public Contracts The adhesion of an administration to the contract stipulated economic impact the value of contracts awarded by adhesion is worth tens of millions of euros every year. The legitimacy of this practice requires upstream the determination of the entities that may adhere to the contract adaptation to the needs of ASST Bergamo Ovest. 3. JUDGMENT The judgment provides an opportunity to reflect Decision n. 7016, 8 August 2022, Council of State, sect. III, Italy

the award of public contracts and concessions and of the principle of necessary unambiguity of exclusionary judgment of the Regional Administrative Tribunal of Veneto region which upholding the appeal of the second-ranked measure the Municipality of Verona entrusted to the current appellant at the outcome of a selective procedure apparatus more capable of responding to the tasks assumed with the entrustment of the service . The appellant violation of the national law Articles 45 and 83 para. 8 of Legislative Decree no. 50 2016 of the EU law DECISION N. 2734, 15 MARCH 2023, COUNCIL OF STATE, SEC. V, ITALY

can be adjusted to the provisions of section 2 of Article 43 of the Consolidated Text of the General Law Transposition of the rules for the reserved contracts in Art. 20 of Directive 2014 24 EU is in art. 43 of the General and according to the Galician legislation of 2005 it does not meet the requirement of being a non-profit Subsequently the High Court of Justice of Galicia confirmed the decision of the Galician administration exclusive competence of the State to regulate the basic conditions that guarantee the equality of all Spaniards DECISION OF THE SUPREME COURT, JUNE 1, 2023, (ROJ: STS 2758/2023 – ECLI:ES:TS:2023:2758), SPAIN

one of the bidders challenged the decision of the contracting authority to award the contract to a supplier price of 1 even if only for a part of the services to be provided was self-evidently insufficient to cover Law 78 2022 of 7 November . Art. 70 2 f of the PCC then provides that if the acceptance of any bid would breach of mandatory provisions in laws or by-laws which is considered to include Art. 1-A of the Code implementation of an IT solution for the processing of invoices and integrated management of a water supply DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 21.04.2022 (CASE 03/21.1BEBRG), PORTUGAL

documents meant to prove facts or qualities prior to the date of submission of the offer or request for One of the bidders had seen his offer to lots 1 and 3 of the tender excluded based on failure to present issued prior to the date of submission of offers. The Court mentioned that Art. 72 3 of the PCC explicitly reference to proportionality. In support of its decision and in addition to several pieces of case law Decree Law 78 2022 of 7 November which are considered to transpose article 56 3 of Directive 2014 24 EU DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 27.01.2022 (CASE 0172/21.0BEBRG), PORTUGAL

Law 78 2022 of 7 November . Art. 70 2 f of the PCC then provides that if the acceptance of any bid would breach of mandatory provisions in laws or by-laws which is considered to include Art. 1-A 2 of the Code authority which was meant to allow the contracting authority to scrutinize the compliance of the offer prices Applying the standards of Art. 72 3 of the PCC which transposes Art. 56 3 of the Directive the Court present in the documents pointed to a breach of the rules on mandatory cost of salaries. A point worth mentioning DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 22.09.2022 (CASE 0339/21.1BECBR), PORTUGAL

Decree Law 78 2022 of 7 November which are considered to transpose article 56 3 of Directive 2014 24 EU another case referring to the scope of admissible or inadmissible clarification of offers during the tender for the purpose of the award criteria i.e. the Court gave relevance to the nature of the document in bid. There was no adding of new information to the offer. It is interesting to mention that even though 72 3 and 4 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 08.09.2022 (CASE 0399/21.5BEAVR), PORTUGAL