The EC procurement directives, national procurement policies and better governance

Abstract:

EC public procurement is regulated by directives to ensure that public bodies do not discriminate in their purchasing. These directives set out detailed procedures for awarding contracts based, in particular, on the principle of transparency, which is designed to prevent purchasers concealing discriminatory decisions. This article argues that these detailed award procedures interfere in a disproportionate manner with national procurement policies. In light of the recent Commission White Paper on governance, which emphasises the need for proportionality in Community regulation, a new approach is needed. It is argued that in the short term procuring entities that can demonstrate their compliance with Treaty principles should be exempt from further regulation.