EU Public Procurement Law & Self-organisation: A Nexus of Tensions & Reconciliations
PhD student: Mr W.A. Janssen
Promotor: E.R. Manunza
Duration: 1/9/2012 - 31/8/2016
PhD defence: Utrecht, 15/6/2018
In the last decade numerous initiatives have been put forward to create a European internal market for public procurement. Recent research has however confirmed that this process is far from complete. Liberalization of this market has not provided the desired positive effects; competition still predominantly takes places on a national level. Subsequently, Mario Monti has identified the causes of these problems in his report regarding the future of the internal market (May 2010). His recommendations to the European Commission have resulted in three proposals for directives which are intended to revise the current legal framework for public procurement. The European legal framework for procurement is strongly fragmented. However, Monti has not recognized this as one of the major causes for the in-completion of the European internal market for public procurement. Governments and private parties are due to this fragmentation often left to wonder which set of rules applies in what situation, which is not conducive to compliance. Therefore, this research will assess the proposals prepared by the European Commission which aim to modernize and revise the directives that govern the European framework for public procurement on their effects on efficiency, legitimacy and legal certainty. The analyses of the latter two will involve an assessment of the principles of public procurement and the principle of coherence.