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 7: A lost proposal in the 2014 Public Procurement Package: is there any life for the proposed public procurement oversight bodies?

Pedro Cerqueira Gomes

Abstract

The mandatory requirement for a decentralized system of single oversight public bodies entrusted with the monitoring of public procurement included in the 2011 Proposal was quickly abandoned during the legislative negotiations between the Parliament and the Council. Therefore, the 2014 Directive only imposes a general duty of monitoring the application of the EU public procurement rules that can be entrusted to any entity or national structure. The main reasons given by the Parliament and the Council for this amendment were that the demand for a unique specialized supervisory body at a decentralized level contravened the principle of subsidiarity and the Member States’ procedural and institutional autonomy, and constituted an excessive administrative burden. This chapter explores whether, despite this change, the CJEU is capable of forcing Member States to adopt these structures, mainly to give effectiveness to the EU remedy of ineffectiveness based on illegal direct awards without prior mandatory publication of contract notices in the Official Journal of the EU.

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