"End of prior approval for public contracts: efficiency or risk?" (with José Luís Moreira da Silva)

«José Luís Moreira da Silva, a partner at SRS Legal, praised this reform as necessary and fair: “Overall, a big round of applause for this change, which had long been called for, particularly in view of the broad interpretation of prior scrutiny previously adopted by the Court of Auditors, which pushed the boundaries of the separation of powers, often encroaching on administrative competence. Finally, a government that has the courage to take this important step.”

The lawyer emphasised that the reform also frees managers from disproportionate liabilities: “Public managers lived in fear of being held liable for millions of euros, due to retrospective analyses that were impossible to foresee at the time of the decision. This led to inefficiency and paralysis within the administration. The correct removal of liability for formal shortcomings or minor errors is therefore to be applauded.”

José Luís Moreira da Silva also highlighted the importance of concurrent and ex-post oversight: “By focusing efforts on contracts of greater significance and complexity, the Court of Auditors will be able to carry out more effective audits, increasing the capacity for detailed analysis of projects, rather than dispersing resources on smaller contracts with no significant impact on the State.”»