A critical review : the composition and functioning of the PCRB

Abstract

This research project will analyse the composition and functioning of the PCRB. With regards to its composition, a critical review will be adopted by : (a) examining its impartiality and independence in accordance with Article 39(2) of the Constitution of Malta and (b) Article 6(1) of the European Convention on Human rights. (c) Focus will also be directed towards parts which are inherent to the procedural aspect of this Board. (i) The way the witnesses are summoned, (ii) the fees paid by the parties together with the (iii) remedies available for appealing decisions taken by this Board. (d) An in-depth study of the present situation will be aided by the opinions of legal professionals specialised in the Public Procurement sector which the author will gather, analyse and interpret through the use of semi-structured interviews. (e) An attempt at providing recommendations for a better system will then be made.