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 7: Transposition of the 2014 Public Procurement Package in Italy: meeting the deadline without really doing so

Mario Comba and Sara Richetto

Abstract

This chapter focuses on specific issues connected with the transposition of the Public Procurement Directives, adopted in 2014, into the Polish legal order. It shows that the Polish legislator generally decided to reproduce the provisions of the Public Procurement Directives more or less word for word. The chapter describes how three selected topic areas, illustrating three stages of the public contract award procedure and its implementation—namely, the choice of participants, the procedure itself and the performance of public contracts—were transposed in Poland. It also shows how Poland exercised discretion in the transposition regarding a few options left open by the EU legislator. Finally, it points out that if Directive 2014/24/EU did not specify the specific legal rules or regulatory options to be applied for attaining the broader objectives set out by the Directive, Poland generally disregarded these objectives.

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