Portuguese Recovery and Resilience Plan:

Abstract

This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan (RRP). Starting from the analysis of the legal framework offered by the European Recovery and Resilience Mechanism (MRR), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan, with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the MRR, Portuguese RRP and special measures for its implementation already with reference to the special procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds; Recovery and Resilience Mechanism; Portuguese Recovery and Resilience Plan; special public procurement measures; administrative arbitration