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Background Note: Regulation & Enforcement of Public Procurement in the EU

Background Note: Regulation & Enforcement of Public Procurement in the EU. Peter Trepte Barrister, London; of counsel, Grayston and Company, Brussels. « Public Procurement Review and Remedies » Ankara 26-27 February 2008. Regulating Procurement in the EU. No explicit Treaty provisions

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Background Note: Regulation & Enforcement of Public Procurement in the EU

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  1. Background Note:Regulation & Enforcement of Public Procurement in the EU Peter Trepte Barrister, London; of counsel, Grayston and Company, Brussels « Public Procurement Review and Remedies »Ankara 26-27 February 2008

  2. Regulating Procurement in the EU • No explicit Treaty provisions • Application of fundamental principles derived from primary law • General principles of law • Procurement directives

  3. Fundamental Principles • Simultaneous application • Apply where directives do not • Include: • non-discrimination • free movement of goods • freedom of establishment • freedom to provide services

  4. General Principles • equal treatment • transparency • legal certainty • proportionality

  5. Procurement Directives • Directive 2004/17 • Directive 2004/18 • Directive 89/665 (OJ 1989 L395/33) • Directive 92/13 (OJ 1992 L76/14) • Directive 2007/66 (OJ 2007 L335/31)

  6. Implementation • Direct Effect of Directives • Transposition of Directives into national law • National laws to be adapted to requirements of the Directives • Compliance with Treaty and Principles whether Directives apply or not

  7. Implications for Enforcement • Parallel application of national law and EU law • Multiplicity of national review fora • Difficulty of maintaining a level playing field • Simultaneous jurisdiction of national tribunals, European Court and European Commission • Obstacles to guaranteeing minimum safeguards

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