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 5: Transposition of the Public Procurement Directive in France: between overimplementation and questionable implementation

François Lichère

Abstract

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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