European public procurement reform: Main innovations in the Public Sector Directive – a preliminary assessment

The first concrete result of the reform of the European public procurement system has been achieved with the entry into force of the “Legislative Package” in April 2004. This article briefly covers the raison d’être of the procurement reform, before looking at the overall new design and objectives of the public sector directive. It examines specific key innovative aspects and looks at their merits and possible drawbacks. It argues that most of the changes to the procurement rules are to be evaluated positively, but further action and guidance are required in specific areas. Moreover, materialisation of the potential benefits depends crucially on effective implementation by the Member States.