EU DIRECTIVES ON PUBLIC PROCUREMENT

EU Directives on Public Procurement

EU Directives on Public Procurement

Introduction

The purpose of the EU Directives is to encourage in open and transparent competition, which can be delivered through competitive tendering throughout the European Union. Basically directive is a legislative act of the EU that leads the member states to attain the desired result. This can be differentiated from the regulations relating to self-executing and it does not require any implementing measures. Directives generally leave member states with a certain amount of leeway as to the exact rules to be adopted. They can be adopted by the means of variety of legislative procedures depending on their subject matter.Discussion and Analysis

Public Procurement Law

A public contract is a contract for pecuniary interest between contracting authorities (public authorities: State, CT, EPCI, EPL, etc.) and public or private persons and meets the needs of contracting authorities in terms of supplies, services and works.

EU And Contract Legislation

Contract should be believed to be a public works contract only if its subject matter specially covers the implementation of actions, even if the contracts cover the stipulation of other services essential for the execution of such actions. Public service contracts, particularly in the sphere of possessions management services, in certain circumstances, include works.

In the European Union

In the EU, a first wave of directives attempted to frame the public procurement in the year 1970. However, this first regulation has proved a failure. The second wave of guidelines, called "Action" can be adopted, between 1989 and 1993. The third wave dates from 31 March 2004. The European Union has its locus stand in the fact that procurement will represent a percentage of GDP of between 11 and 22% depending on the Member States.

At the European level, (2004 figures before the entry of the 10 CEE countries), public procurement (public procurement) represents nearly 16% of the GDP of the European Union in one 430 billion. This reflects the policy of structural funds aid to countries in arrears to finance their infrastructure (see major projects of Madeira, or Greece for the Olympics paid with funds from the European Union). Incident: the refocusing of the budget of the European Common Agricultural Policy (which must pass 50% of the total budget in 2002 to less than 30% in 2012) will further strengthen public procurement.

Given the importance of public procurement in the GDP of the European Union, it is essential to ensure equality of all companies face to public, including SME's. In early 2011, the European Commission published a Green Paper on the modernization policy of the EU public procurement - to a European market for public contracts more efficient, with the aim of 'ultimately lead to a legislative proposal on the reform of EU rules on public procurement.

Legal arguments - Which is playing by the rules?

An analysis can be presented of how UK public purchasers compare with other European Union (EU) member states in the use of the different procedures open to awarders and in the compliance of the EU directive relating to the advertisement of award ...