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 3: Estonia: faithful in transposing, stumbling on domestic needs

Mari Ann Simovart and Kadri Härginen

Abstract

This chapter provides a critical analysis of the national transposition of the 2014/24 Procurement Directive in Finland and describes the national legislative process in detail. Finnish national transposition was delayed and new rules entered into force in January 2017. The delay was partially due to a change of government during the legislative process, but also resulted from certain specific issues of national origin. The rules of the 2014/24 Directive were not questioned but disagreements mainly concerned the possibility to set stricter obligations for inhouse entities (lower turnover limits) and contracting authorities (obligation to consult users of long-term social and health services). In addition, this chapter looks at selected matters and legal provisions including but not limited to exclusion grounds, competitive procedure with negotiation, contract amendments and subcontracting.

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