Transparency in EU Procurements
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Transparency in EU Procurements

Disclosure Within Public Procurement and During Contract Execution

Edited by Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.
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Chapter 3: Transparency and competition in public procurement: a comparative view on their difficult balance

Albert Sanchez-Graells

Abstract

This chapter provides some comparative reflections on the need for public procurement systems to reach an adequate balance between their transparency requirements and the risks of collusion among tenderers, or bid rigging. The chapter concentrates, in particular, on the domestic transposition of the EU rules in nine selected jurisdictions. It places the domestic systems in a spectrum that goes from ‘transparency-first’ to ‘competition-first’ systems. The chapter also offers some comparative reflections concerning the substantive balance achieved in different jurisdictions, as well as on the diverging institutional arrangements adopted in these nine EU member states.

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