Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 11: The Effects of the Principles of Transparency and Accountability on Public Procurement Regulation
Christopher H. Bovis INTRODUCTION The regulation of public procurement has been an instrumental component of the EU common market, as it has provided a platform for economic, legal and policy justifications in order to eliminate non-tariff barriers.1 Economic justifications for regulating public procurement aim at liberalizing and integrating the relevant markets of the Member States. Competitiveness in the relevant product and geographical markets will increase import penetration of products and services destined for the public sector, will enhance the tradability of public contracts across the common market, will result in significant savings and price convergence and finally will be the catalyst for the needed rationalization and industrial restructuring of the European industrial base. Alongside the economic justifications, legal imperatives have emerged 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 nationality grounds.2 Finally, policy justifications of public procurement regulation have revealed a sui generis market place where the mere existence and functioning of anti-trust and the influence of neo-classical economic theories3 are not sufficient to achieve the envisaged objectives of integration 1 See C.H. Bovis, EC Public Procurement: Case Law and Regulation, OUP (Oxford, 2006). 2 See C.H. Bovis, ‘Recent Case Law Relating to Public Procurement: A Beacon for the Integration of Public Markets’, 39 CMLRev (2002) 1025. 3 See M. Bazex, Le droit public de la concurrence, RFDA, 1998; L. Arcelin, L’enterprise...
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