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 12: The implementation of Directive 2014/24/EU in Sweden: a sanguine approach

Andrea Sundstrand and Robert Ågren

Abstract

This chapter provides a critical assessment of the implementation of Directive 2014/24/EU in the UK by the Public Contracts Regulations 2015. It explores the implications of the copy-out approach followed by the UK government in order to avoid gold-plating the transposition of the 2014 EU Public Procurement Package, as well as the deficiencies that result from the perspective of constructing a developed regulatory system. The analysis concentrates on selected novelties of Directive 2014/24/EU, as well as areas where Member States were granted discretion to choose between a set of options or to find their own mechanisms to achieve certain aims specified at EU level. The chapter concludes that the transposition in the UK was a missed opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement.

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