The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit

Albert Sanchez Graells

The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit

Albert Sanchez Graells

University of Bristol Law School

Research output: Contribution to journal › Article (Academic Journal) › peer-review

157 Downloads (Pure)

Abstract

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.

Original language	English
Pages (from-to)	186-200
Number of pages	15
Journal	Public Procurement Law Review
Volume	28
Issue number	5
Publication status	Published - 1 Sept 2019

Bibliographical note

Provisional acceptance date added to better reflect REF period.

Access to Document

Full-text PDF (accepted author manuscript)
This is the author accepted manuscript (AAM). The final published version (version of record) is available online via Sweet and Maxwell at https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=419&productid=6928 or through Westlaw at https://uk.westlaw.com/Document/I950C5350C32511E9AC758140F0034E78/View/FullText.html?originationContext=document&transitionType=SearchItem&contextData=%28sc.Search%29&navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad740160000016e21982a5a194395ef&listSource=Search&listPageSource=761d8fb715f0d47b698a6556fde56839&list=RESEARCH_COMBINED_WLUK&rank=1&comp=wluk. Please refer to any applicable terms of use of the publisher.
Accepted author manuscript, 243 KB

Handle.net

Persistent link

Cite this

@article{c805f3b568774dc59da7a4928541712f,

title = "The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit",

abstract = "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.",

author = "\{Sanchez Graells\}, Albert",

note = "Provisional acceptance date added to better reflect REF period. ",

year = "2019",

month = sep,

day = "1",

language = "English",

volume = "28",

pages = "186--200",

journal = "Public Procurement Law Review",

issn = "0963-8245",

publisher = "Sweet and Maxwell Ltd",

number = "5",

}

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)

SN - 0963-8245

VL - 28

SP - 186

EP - 200

JO - Public Procurement Law Review

JF - Public Procurement Law Review

IS - 5

ER -

The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit

Abstract

Bibliographical note

Access to Document

Handle.net

Fingerprint

Cite this