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

Abstract

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

Sanchez-Graells, Albert, The Implementation of Directive 2014/24/EU in the UK (April 6, 2017). To be published in S Treumer & M Comba (eds), Implementation of Directive 2014/24, vol. 8 European Procurement Law Series (Edward Elgar, Forthcoming), Available at SSRN: https://ssrn.com/abstract=2947939

Albert Sanchez-Graells (Contact Author)

University of Bristol Law School ( email )

Law School Wills Memorial Building Queen's Road Br
Bristol, BS8 1RJ
United Kingdom

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