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 16: Under the political science magnifying glass: reformation or deformation of the EU public procurement rules in 2014?

Albert Sanchez-Graells and Grith Skovgaard Ølykke

Abstract

This final chapter provides a general conclusion to the research project. It picks up on the main themes laid out in the assessment of the EU legislative procedure from a political science perspective and builds upon the insights gained with the analyses of distinct legal issues in each of the substantive chapters, which are used as case studies. Ultimately, the chapter answers the questions: how did the Commission, Council and Parliament generally interact in the legislative process; whether one or more EU institutions had the upper hand in the negotiations, particularly considering the proposed and amended texts; and, most importantly, what is the predicted interpretation by the CJEU of the examined provisions in the 2014 Public Procurement Package and to what extent is that likely to alter or neutralise the result of the legislative process. Additionally, maybe from a more holistic perspective, the final outcome of the 2011–14 legislative process is assessed, so as to conclude and determine whether it has resulted in a reformation or a deformation of the EU public procurement rules now encapsulated in the 2014 Public Procurement Package.

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