In Germany the access to information is regulated by the Freedom of Information Act as general law as well as in the Administrative Procedure Act. In principle the access to information is granted to everyone, but under the Administrative Procedure Act access is granted only to the parties of an administrative procedure. However, both of these general laws are superseded by the special regulation of confidentiality within the public procurement law. Public procurement law sets out duties for contracting authorities on different mandatory instruments for transparency, such as the publication of contract notices, award notices and contract amendments. There are special rules on access to information during a judicial review procedure, providing the parties to the review with the possibility to effectively challenge a public procurement matter. In Germany there is no special, central authority responsible for collecting all procurement information and overall the access to tender information is limited during and after the procurement procedure due to the need to protect business secrets and to avoid competition distortions.
Martin Burgi and Marinus Pöhlmann
Daniel Wolff and Martin Burgi
The 2014 public procurement and concession package was implemented in Italy by Decree 50/2016. However, the new Code for Public Procurements and Concessions cannot be considered as a complete document, because it requires the further approval and publication of 51 other implementing administrative acts in order to better regulate specific issues. Until these 51 acts have been approved, some important parts of Decree 50/16 remain not (completely) applicable and the old Code is still to be followed. In any case, it is already possible to outline the choices made by the Italian legislators in regard to the main options given by the Directive and to underline in the new Code some cases of goldplating, questionable implementation of EU dispositions and issues of implementation.