In its 2011 Proposal, the Commission aimed to make e-procurement the rule rather than the exception. The Parliament and the Council expressed support for such an approach. Nevertheless, e-procurement was one of the key issues of the negotiations, which focused mainly on the important technical challenges that would need to be addressed, on the degree of interoperability that would need to be ensured, and on the transposition deadline for e-procurement. In the end, Article 22 of the 2014 Directive introduced e-procurement rules and made the use of e-procurement progressively mandatory, with rather strict transposition and transitional provisions foreseen in Article 90 of the 2014 Directive. In one way or another, one-quarter of the rules and options included in the 2014 Directive are linked with e-procurement issues. There is a risk that overly complex e-procurement system(s) could end up effectively protecting local providers or certain groups of providers. Should this be the case, the CJEU would have a key role to play in ensuring e-procurement systems comply with the general principles of EU law and EU public procurement law, and especially with a newly established principle of e-procurement, i.e. the principle of ‘interoperability’.
Petra Ferk and Boštjan Ferk
After a long period of preparation, Law 9/2017, 8th November, on Public Sector Contracts, that transposes the European Parliament and the Council Directives 2014/23/EU and 2014/24/EU, of 26 February 2014 into the Spanish legal system was published in the Spanish Official Journal on 9 November 2017. With this law the Spanish legislator has made great effort to meet the EU demands on public procurement. An overall assessment of the transposition shows that the main aims pursued by the Directive have been achieved. In many aspects, the Spanish law is even more stringent than the directives, with a determination to enhance transparency and to fight corruption in this field. Notwithstanding this, the rules are too soft and there remains room to improve with regard to some other matters, such as the promotion of genuine electronic public procurement