Modernising Public Procurement
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Modernising Public Procurement

The Approach of EU Member States

Edited by Steen Treumer and Mario Comba

Modernising Public Procurement offers an in-depth analysis of the recent implementation of the Public Procurement Directive. The analysis is based on the experiences of twelve Member States including the United Kingdom, Germany, France, Italy, Spain and Poland. Within this work, Steen Treumer and Mario Comba alongside first-class experts in the field of public procurement law, focus on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
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Chapter 2: Into the grey area: implementation of the Public Procurement Directive in Denmark

Steen Treumer


Transposition of the 2014 directives in Estonia was significantly delayed for a multitude of reasons, many only indirectly related to the actual duty to transpose. The Estonian Public Procurement Act traditionally incorporates all kinds of regulation: above and below the EU threshold, classical and utilities sectors, defence and security procurement, as well as remedies. A review of the entire national public procurement law was therefore undertaken, rightfully keeping the integrity of the regime, albeit hindering transposition through conflicting issues such as the level of national thresholds, the matter of retaining some simplified national procurement procedures and the desperate (failed) attempt to improve the regulation of contract awards financed by the European structural funds. Among the issues prescribed by the directives, regulations aimed at protecting subcontractors have been twisted into an intriguing domestic version, with questionable effect. The new law has been effective since September 2017.

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