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 9: Disclosure rules within public procurement procedures and during contract period - German country report

Martin Burgi and Marinus Pöhlmann

Abstract

In Germany the access to information is regulated by the Freedom of Information Act as general law as well as in the Administrative Procedure Act. In principle the access to information is granted to everyone, but under the Administrative Procedure Act access is granted only to the parties of an administrative procedure. However, both of these general laws are superseded by the special regulation of confidentiality within the public procurement law. Public procurement law sets out duties for contracting authorities on different mandatory instruments for transparency, such as the publication of contract notices, award notices and contract amendments. There are special rules on access to information during a judicial review procedure, providing the parties to the review with the possibility to effectively challenge a public procurement matter. In Germany there is no special, central authority responsible for collecting all procurement information and overall the access to tender information is limited during and after the procurement procedure due to the need to protect business secrets and to avoid competition distortions.

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