The Approach of EU Member States
Edited by Steen Treumer and Mario Comba
Chapter 2: Into the grey area: implementation of the Public Procurement Directive in Denmark
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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