TY - JOUR
T1 - The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit
AU - Sanchez Graells, Albert
N1 - Provisional acceptance date added to better reflect REF period.
PY - 2019/9/1
Y1 - 2019/9/1
N2 - This article provides a critical assessment of the implementation of Directive 2014/24/EU in the UK by the Public Contracts Regulations 2015. It explores the implications of the copy-out approach followed to avoid gold-plating the transposition of the 2014 EU Public Procurement Package, as well as the deficiencies that result from the perspective of constructing a developed regulatory system. The analysis concentrates on selected novelties of Directive 2014/24/EU, as well as areas where Member States were granted discretion to choose between a set of options or to find their own mechanisms to achieve certain aims established at EU level. The article concludes that the UK missed an opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement and stresses how, despite the imminence of Brexit, there is no indication of a significant reform of UK public procurement law any time soon.
AB - This article provides a critical assessment of the implementation of Directive 2014/24/EU in the UK by the Public Contracts Regulations 2015. It explores the implications of the copy-out approach followed to avoid gold-plating the transposition of the 2014 EU Public Procurement Package, as well as the deficiencies that result from the perspective of constructing a developed regulatory system. The analysis concentrates on selected novelties of Directive 2014/24/EU, as well as areas where Member States were granted discretion to choose between a set of options or to find their own mechanisms to achieve certain aims established at EU level. The article concludes that the UK missed an opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement and stresses how, despite the imminence of Brexit, there is no indication of a significant reform of UK public procurement law any time soon.
M3 - Article (Academic Journal)
VL - 28
SP - 186
EP - 200
JO - Public Procurement Law Review
JF - Public Procurement Law Review
SN - 0963-8245
IS - 5
ER -