New special public procurement measures

Law 43/2024 introduces three major amendments to the special public procurement measures for procedures and contracts that are financed or co-financed by European funds, namely: preventive supervision by the Portuguese Court of Auditors, new procedural rules for pre-contractual litigation actions and the possibility of arbitration.

Key aspects

• Law 43/2024 aims to change the regime for projects financed by European funds, in particular the Recovery and Resilience Plan (RRP).
• The new measures ensure that acts and contracts aimed at implementing these projects will continue to have effect, even while they are being audited by the Portuguese Court of Auditors (PCoA).
• These measures also include new procedural rules for projects at risk of losing European funding.
• Special rules have also been established for public procurement and auditing by the PCoA in the context of procedures and contracts concerning the concentration of public services in the Campus XXI buildings.