Modernising Public Procurement
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: The implementation of Directive 2014/24/EU in the United Kingdom

Albert Sanchez-Graells

Abstract

Several Member States have tried to limit gold-plating (overimplementation), and the value of preparatory works as a legal source varies considerably throughout the EU in the field of public procurement law. It is noteworthy that the recitals of the preamble appear not to be implemented, or only implemented by use of preparatory works. The Member States have in general adopted narrow interpretations and taken a minimalistic approach and have in most cases chosen not to exploit the opportunities offered by the Directive. Indeed, the Member States prefer to stick to the wording of the Directive and several use the copy-out technique. The questionable interpretations adopted by the national legislators are striking in their lack of common trends and relatively limited number. Furthermore, inspiration from the legislation or practice of other Member States is difficult to establish.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.