The Approach of EU Member States
Edited by Steen Treumer and Mario Comba
Chapter 5: Transposition of the Public Procurement Directive in France: between overimplementation and questionable implementation
The chapter analyses the implementation of Directive 2014/23 into German law. In terms of speed, accuracy and complying with the requirements of the Directive, the German legislator did a very good job, not least since the legislator opted for copy-out transposition. Besides the accompanying necessary adjustments, the legislator has taken the opportunity to fundamentally reorganize the structure and the system of German public procurement law to make it more straightforward and easier to apply. However, the reform brought about only an evolution, not a revolution, of procurement law. Some structural principles remain unaffected (different systems for contracts above and under the thresholds; ‘cascade style’). Thus, the new procurement law is still very complex and causes an increase of bureaucratic burdens. Nonetheless, the reform has brought greater legal certainty and made a significant contribution to the not yet completed consolidation of a relatively young area of law.
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