14 Nov 2007
Central Public Procurement Structures and Capacity in Member States of the European Union
This study provides an analysis of the functions, structure, status within the government, and capacity of the central public procurement bodies of Member States. It does not attempt to evaluate their respective advantages/disadvantages or to recommend particular institutional arrangements. Twenty-two separate overviews of public procurement systems in the 22 participating Member States were produced on the basis of national responses to a detailed questionnaire. An in-depth review of these country system overviews provided the comparative analysis portion of this study, which discusses the various models in place in Member States, in particular the background and rationale for the use of a particular institutional model.
14 Nov 2007
Public Procurement Review and Remedies Systems in the European Union
The main objective for the establishment of a public procurement complaints review and remedies system is to enforce the practical application of substantive public procurement legislation. Such a system gives this legislation its "teeth": the possibility of review and remedies serves as a deterrent to breaking the law and thus encourages compliance. Moreover, violations of the law and genuine mistakes can be corrected. Therefore, a functioning public procurement review and remedies system may ultimately contribute to the achievement of the objectives of the substantive rules, such as non-discrimination and equal treatment, transparency, and value for money. The public procurement review and remedies systems of EU Member States need to comply with the requirements of European Community law: the EC Treaty, the EC Public Sector Remedies Directive 89/665/EEC and the EC Utilities Remedies Directive 92/13/EEC...