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.

Conclusion

Christopher H. Bovis

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

Extract

Public procurement is an essential component of the single market and European integration. Public procurement has been identified as a considerable non-tariff barrier and a hindering factor for the functioning of a genuinely competitive single market. The regulation of public procurement has been justified on economic grounds. Justifications for its regulation are based on the assumption that by introducing competitiveness into the relevant markets of the Member States, their liberalization and integration will follow. This result, in theory, would increase import penetration of products and services destined for the public sector, would enhance the tradability of public contracts across the common market and would bring about significant savings and price convergence. Significant legal reasons have emerged by positioning the regulation of public procurement as a necessary ingredient of the fundamental principles of the Treaties, such as the free movement of goods and services, the right of establishment and the prohibition of discrimination on grounds of nationality.1 Finally, policy justifications of public procurement regulation have revealed a sui generis market place often referred to as marchés publics2 (public markets), where despite the inability of competition law to regulate it, an overwhelming need for transparency and accountability points towards the regime of public procurement as a safeguard to the above principles.3 1 See Drijber and Stergiou, ‘Public Procurement Law and Internal Market Law’, 46 CMLRev, 2009, 805–846; Bovis, ‘Recent case law relating to public procurement: A beacon for the integration of public markets’, 39 CMLRev, 2002, pp. 1025–1056. 2...

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