Contracts beyond the scope of the EC procurement Directives—who is bound by the requirement for transparency?

Abstract: Public contracts not subject or subject only partially to the EC public procurement Directives form a substantial part of all public contracts that are currently awarded in the European Union. Therefore, their legal regime is of a paramount importance. According to settled case law, contracting entities awarding them must ensure, for the benefit of any potential tenderer, a degree of advertising sufficient to maintain competition in the services market and ensure the impartiality of procurement procedures. This article considers the specific types of entities which are subject to this duty, enquires whether the obligation of transparency is also binding on private contractors and examines the role which the national
legislature should play in ensuring transparency in these specific cases of public contracts.