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 6: Scaling down the cascade: a critical analysis of the implementation of Directive 2014/23 into German public procurement law

Daniel Wolff and Martin Burgi

Abstract

The 2014 public procurement and concession package was implemented in Italy by Decree 50/2016. However, the new Code for Public Procurements and Concessions cannot be considered as a complete document, because it requires the further approval and publication of 51 other implementing administrative acts in order to better regulate specific issues. Until these 51 acts have been approved, some important parts of Decree 50/16 remain not (completely) applicable and the old Code is still to be followed. In any case, it is already possible to outline the choices made by the Italian legislators in regard to the main options given by the Directive and to underline in the new Code some cases of goldplating, questionable implementation of EU dispositions and issues of implementation.

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