The influence of recent developments in EU procurement law on the procurement regulation of member states : a case study of the UK, the Netherlands and France

• Main Author: De Mars, Sylvia
• Published: University of Nottingham 2011
• Subjects: 340; KJ Europe
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539192

Since 1993, the European Union has dramatically increased the scope and volume of its procurement regulation; particular increases have been made in terms of the procurement procedures made available, and the obligations that national contracting authorities have in light of EU law. This thesis examines the influence that recent developments in EU public procurement law have had on national procurement regulation in the UK, the Netherlands, and France. To assess this influence, three 'case study' areas were selected for investigation: the new procurement procedure 'competitive dialogue', made available for the procurement of complex contracts; the ability to repeat purchase using 'framework agreements', recently made available for purchasing in non-utilities sectors; and the Court of Justice's use of 'general principles of equal treatment and transparency', which has created new obligations for national contracting authorities. The thesis found that, in the areas examined, the influence of EU secondary legislation is substantial and-in two of the three countries examined-also plays a visible role in national regulation where EU law is not mandatory. The Court of Justice jurisprudence evaluated has had its most significant impact on the national judiciary: courts were found to reinforce the Court's judgments in all countries. Soft law issued by the European Commission had little perceivable influence on the formal legal regulation of the Member States examined, but may have influenced approaches taken to guidance or legislation more generally. The thesis also observed that harmonization of national laws, despite not being an objective of the EU rules, has increased in recent years-but even now, national differences (usually reflective of historical approaches taken to procurement regulation) are visible in those areas where the EU rules are optional, rather than mandatory.