EU Public Procurement Law

EU Public Procurement Law

Second Edition

Elgar European Law series

Christopher H. Bovis

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States.

Chapter 5: The doctrines and principles of public procurement

Christopher H. Bovis

Subjects: law - academic, european law, politics and public policy, public policy

Extract

THE PRINCIPLE OF TRANSPARENCY One of the most important principles of the Public Procurement Directives is the principle of transparency. The principle of transparency serves two main objectives: the first is to introduce a system of openness in public purchasing of the member states, so a greater degree of accountability should be established and potential direct discrimination on grounds of nationality should be eliminated. The second objective aims at ensuring that transparency in public procurement represents a substantial basis for a system of best practice for both parts of the equation, but in particular relevant to the supply side, to the extent that the latter has a more proactive role in determining the needs of the demand side. Transparency in public procurement is achieved through community-wide publicity and advertisement of public procurement contracts over certain thresholds by means of publication of three types of notices in the Official Journal of the European Communities: i) Periodic Indicative Notices (PIN). Every contracting authority must notify its intentions for public procurement contracts within the forthcoming financial year. By doing so, it provides for an estimate intention of its purchasing and gives the supply side the necessary time for planning and response to future contract opportunities. The publication of Periodic Indicative Notices, if properly observed, also serves as a useful indicator in determining the relevant market size for the supply side, as well as the relevant procurement magnitude for a type of contracting authority on an annual basis. The fact that through PIN notices...

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