Access to Justice and Human Dignity: A Special Focus on Appeals in Public Procurement Law

Abstract

The right to dignity is not merely a theoretical or abstract notion, but a fundamental right that constitutes the basis of all other fundamental rights. This study examines the relationship between the right of access to a court in the field of public procurement and the right to human dignity. The obstacles identified in the system of judicial remedies disproportionately affect small enterprises, social economy actors, or organisations operating in disadvantaged regions – categories that are frequently under-represented in public procurement procedures. Denying these actors real access to justice can lead to legal and economic exclusion, undermining inclusion, equal opportunities and human dignity.