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 14: Trends in the implementation of Directive 2014/24: minimalism and narrow interpretations

Steen Treumer and Mario Comber

Abstract

This chapter analyses the implementing legislation and the variations in the national legal systems, in section 2. The section includes analysis of preparatory works as a legal source that has proven to be of particular importance due to the substantial variations in the legal systems of the Member States. Goldplating and questionable legislation are considered in section 3 and selected issues of implementation (exclusion, competitive procedure with negotiation, contract changes) in section 4. The latter section also covers the Member States’ approach to the implementation of the recitals to the Directive. Section 5 relates to a range of provisions of the Directive that allow the Member States to implement various options and aims. Final conclusions are found in section 6

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