The annual assembly of the European Procurement Regulation Group a number of weeks in the past was a great excuse to seek out targeted time to consider the continued means of evaluation of the EU public procurement guidelines—as we’re engaged on an edited ebook with a sequence of suggestions and reform proposals. My draft chapter focuses on the scope of software of EU procurement legislation.
Within the draft, I argue that the cornerstone of procurement regulation–what really constitutes a ‘public contract’–is not clear, regardless of many years of ECJ case legislation. This undermines the coherence and effectiveness of EU inside market legislation.
In opposition to the background of the continued evaluation, I deal with the scope of software of Directive 2014/24/EU to spotlight some points of the interplay between the EU procurement guidelines and different devices of EU inside market legislation, together with new and proposed instruments in search of to (additional) leverage procurement as a coverage supply instrument—such because the Worldwide Procurement Instrument or the Overseas Subsidies Regulation, in addition to the growing vary of necessary (sustainability) necessities targeted on procurement.
After a evaluation of latest traits within the interpretation (and narrowing) of the scope of software of Directive 2014/24/EU, I sketch an alternate practical strategy that, in my opinion, would offer conceptual consolidation, realign EU procurement guidelines with their inside market logic, and probably enhance their match as a coverage supply instrument.
I make two key reform proposals:
New definition of ‘procurement’ to step again from present deal with ‘acquisition’ and ‘selection’ by the contracting authority, and to incorporate preparatory actions with potential adverse impacts on the interior market
New definition of ‘public contract’ to eradicate the requirement of ‘pecuniary curiosity’
As at all times, I’d be very considering any suggestions.
The draft will be freely downloaded from SSRN: Sanchez-Graells, Albert, Increasing the Scope of EU Public Procurement Regulation — Realigning the Procurement Directive with Its Inside Market Logic whereas Enhancing Its Match with Strategic Procurement? (April 11, 2025). Obtainable at SSRN: https://ssrn.com/summary=5213497.
