EU Public Procurement Law
Show Less

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.
Buy Book in Print
Show Summary Details

Chapter 1: Public procurement and the single market

Christopher H. Bovis

Extract

1. Public procurement and the single market PUBLIC PROCUREMENT AND THE CONCEPT OF PUBLIC MARKETS The main reason for regulating public sector and utilities procurement is to bring their respective markets in parallel to the operation of private markets. European policy makers have recognized the distinctive character of public markets and focused on establishing conditions similar to those that control the operation of private markets. The public markets reflect an economic equation where the demand side is represented by the public sector at large and the utilities, whereas the supply side covers the industry. The state and its organs would enter the market place in pursuit of public interest.1 However, the activities of the state and its organs do not display the commercial characteristics of private entrepreneurship, as the aim of the public sector is not the maximization of profits but the observance of public interest.2 This fundamental difference emerges as the ground for the creation of public markets where public interest substitutes profit maximization.3 However, further variances distinguish private from public markets. These focus on structural elements of the market place, competitiveness, demand conditions, supply conditions, the production process, and finally pricing and 1 See Valadou, La notion de pouvoir adjudicateur en matière de marchés de travaux, Semaine Juridique, 1991, Ed. E, No.3; Bovis, La notion et les attributions d’organisme de droit public comme pouvoirs adjudicateurs dans le régime des marchés publics, Contrats Publics, September 2003. 2 Flamme et Flamme, Enfin l’Europe des Marchés...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.