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 8: Transposition of the Public Procurement Directives in Poland: evolution instead of revolution?

Piotr Bogdanowicz

Abstract

This chapter describes the status of the EU Procurement Directives‘ transposition into the national legal order of Romania, with an emphasis on the challenges encountered and some aspects which still need to be resolved in the near future. Romania transposed the Directives almost on time (there was a delay of a few weeks), through four separate laws, employing the copy-out approach. This has led to a complicated legal framework, with primary legislation being detailed in secondary, tertiary and soft law instruments, which sometimes contradict the primary legislation. Due to corruption and the fear of limited administrative capacity, a precautionary approach was maintained with regard to the discretion allowed contracting authorities. Numerous legal changes to the initial text of the law are expected by both practitioners and scholars in the near future in order to correct errors or to better specify concrete conditions for the application of the primary legislation.

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