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Greek government contract law, highly relevant in Athens, pertains to the legal regulations, obligations, and practices concerning the bids, agreement, and execution of a contract between a private entity or individual and the Greek government. The public procurement involves various sectors such as construction, defense, utilities, and public services. Anyone involved in a contractual transaction with the public sector should be aware of crucial elements like open competition, non-discrimination, transparency, and proportionality which are essential features of this law.
Government contracts can be intricate, involving a plethora of state laws, rules and regulations. You might need a lawyer to help you with the interpretation and application of these rules, ensuring that your rights, obligations, and interests are well protected. Should disputes arise, legal help would be invaluable to navigate compliance issues, dispute resolutions and in case the situation demands, litigation procedures. Lawyers can be particularly beneficial to help understand the rules of tendering processes, contract drafting and negotiation, public procurement laws, performance issues and contractual termination.
The Greek legal framework for government contracts is contingent upon several national and EU regulations including the Greek Public Contracts Code, Law 4412/2016, which aligns with European Union Directives. This law not only governs the tendering procedure, but also applies to the execution of government contracts ensuring compliance, fair competition, and transparency. Other relevant laws include Constitution provisions, the Stability Pact Laws and the Greek Code of Civil Procedure. Situations involving international parties may also require a comprehension of bilateral international treaties.
The government contract bidding process in Athens is often initiated by an open call for tenders. It adheres strictly to the principles of fairness, equal treatment, and non-discrimination. Greek legislation also allows for closed, restricted or negotiated procedures under certain circumstances.
If a government contract is breached in Greece, the party in breach may be liable for damages due. In serious cases, the contract may be terminated and the breaching party can be barred from future government contracts.
Information about upcoming government contracts can be found in the European Tenders Electronic Daily (TED) database and on the Greek Public Procurements Authority
Yes. Appeals against decisions on government contracts are firstly examined by the Reviewing Authority of Non-Judicial Remedies, established within the body of the Public Procurement Authority. Subsequent judicial recourse is possible before the Administrative Courts.
Yes, as long as the foreign company adheres to all national and EU regulations governing the process. It is strongly advised for foreign companies to seek legal advice to ensure compliance with all regulations, and understanding of the administrative language which is predominantly Greek.
The Greek Public Procurements Authority is a valuable resource for government contracts in Greece. The European Union's information on public procurement regulations and the legal department of the Athens Chamber of Commerce and Industry may also prove beneficial. Additionally, foreign parties can seek information from their respective Embassies in Greece.
If you require legal assistance with a government contract in Athens, you should consider consulting with a lawyer knowledgeable in Greek government contract law. You should prepare all relevant documents including contract drafts, correspondence or any legal notices received. Being aware of your legal rights and responsibilities, keeping track of contract periods and deadlines, and understanding the avenues for dispute resolution can help you navigate this complex field of law.
