The Implementation of Directive 2014/24/EU in the UK
To be published in S Treumer & M Comba (eds), Implementation of Directive 2014/24, vol. 8 European Procurement Law Series (Edward Elgar, Forthcoming)
22 Pages Posted: 10 Apr 2017 Last revised: 11 Aug 2017
Date Written: April 6, 2017
This paper 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 by the UK Government in order 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 in areas where Member States were granted discretion to chose between a set of options or to find their own mechanisms to achieve certain aims specified at EU level. The paper concludes that the transposition in the UK was a missing opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement.
Keywords: Public procurement, transposition, Directive 2014/24/EU, Public Contracts Regulations 2015, gold-plating, copy-out
JEL Classification: H57, K23
Suggested Citation: Suggested Citation