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

Albert Sanchez-Graells


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.

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