International Construction Law Review
EUROPEAN PUBLIC PROCUREMENT AND CONSTRUCTION: IMPLEMENTATION IN CYPRUS1
ARGYRIS HADJIMILTIS2
Dipl-Ing, Civil/Structural Engineer, Project Manager
I. INTRODUCTION
On 1 May 2004, 75 million new citizens will be joining the European Union in a historical moment at the climax of European integration. All new Member States face political, economic and cultural challenges. In Cyprus, the political effect is undeniable and substantial developments are imminent. In addition, European public procurement is undergoing essential changes and new Directives are expected to come into force, possibly as soon as early 2004.
Cyprus has certain unique features: it is one of the smallest Member States, it lies furthest to the east, it plays a special role as a bridge to the Middle East, it has a perpetual political problem and it is the only common law jurisdiction in Europe not yet a member of the EU.
Considering the above and that alignment with the acquis communautaire
equates with the accession obligation of candidate countries, a number of questions emerge, for example:
- (a) how correctly and completely will Cyprus implement the pertinent Directives;
- (b) what remedies will be made available with the implementing measures; and
- (c) what impact will European public procurement have upon the construction industry in Cyprus.
This article attempts to answer these questions.
1 This article is based on the writer’s dissertation for the MSc degree in Construction Law and Arbitration at King’s College London (academic year 2002–2003) which received the SCL Prize for best dissertation of the year.
2 Argyris Hadjimiltis, has extensive experience in public and private projects and was involved in projects in Germany, Greece, Cyprus and Asia. Currently he is pursuing the MSc in London. E-mail: hmiltis@cytanet.com.cy. The author would like to thank Philip Britton, Director of the Centre of Construction Law, for his invaluable comments and guidance. The writer assumes full responsibility for all errors.
[2004
The International Construction Law Review
198