Reformation or Deformation of the EU Public Procurement Rules
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Reformation or Deformation of the EU Public Procurement Rules

Edited by Grith S. Ølykke and Albert Sanchez-Graells

Using an innovative ‘law and political science’ methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice.
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Chapter 2: The evolution of EU public procurement rules and its interface with WTO: SME promotion and policy space

Kamala Dawar and Monika Skalova

Abstract

This chapter examines the evolution of the EU public procurement directives and their interface with the EU’s obligations under the World Trade Organization Government Procurement Agreement (WTO GPA). The analysis indicates that the EU’s directives have evolved through reform to meet its changing environment and policy objectives. However, it also suggests that while the EU was a pioneer party to the WTO GPA, not all of its new horizontal policy statements, such as towards SMEs, appear to be fully compatible with its commitments under the WTO GPA and enshrined in its Appendix to the Agreement. Consequently, while the EU has identified new initiatives to promote or protect SMEs, it may not be able to effectively meet its policy objectives and at the same time be fully compliant with its international obligations.

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