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

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)186-200
Number of pages15
JournalPublic Procurement Law Review
Volume28
Issue number5
DateAccepted/In press - 1 Sep 2019
DatePublished (current) - 1 Sep 2019

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.

Additional information

Provisional acceptance date added to better reflect REF period.

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  • Full-text PDF (accepted author manuscript)

    Rights statement: 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, 242 KB, PDF document

    Embargo ends: 1/09/20

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