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Bovis, Christopher H. --- "The Effects of the Principles of Transparency and Accountability on Public Procurement Regulation" [2009] ELECD 353; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "Legal Challenges in EU Administrative Law" (Edward Elgar Publishing, 2009)

Book Title: Legal Challenges in EU Administrative Law

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207883

Section: Chapter 11

Section Title: The Effects of the Principles of Transparency and Accountability on Public Procurement Regulation

Author(s): Bovis, Christopher H.

Number of pages: 34

Extract:

11. The effects of the principles of
transparency and accountability on
public procurement regulation
Christopher H. Bovis

INTRODUCTION

The regulation of public procurement has been an instrumental component
of the EU common market, as it has provided a platform for economic,
legal and policy justifications in order to eliminate non-tariff barriers.1
Economic justifications for regulating public procurement aim at lib-
eralizing and integrating the relevant markets of the Member States.
Competitiveness in the relevant product and geographical markets will
increase import penetration of products and services destined for the
public sector, will enhance the tradability of public contracts across the
common market, will result in significant savings and price convergence
and finally will be the catalyst for the needed rationalization and industrial
restructuring of the European industrial base. Alongside the economic
justifications, legal imperatives have emerged positioning the regulation
of public procurement as a necessary ingredient of the fundamental prin-
ciples of the Treaties, such as the free movement of goods and services, the
right of establishment and the prohibition of discrimination on nationality
grounds.2 Finally, policy justifications of public procurement regulation
have revealed a sui generis market place where the mere existence and
functioning of anti-trust and the influence of neo-classical economic theo-
ries3 are not sufficient to achieve the envisaged objectives of integration

1
See C.H. Bovis, EC Public Procurement: Case Law and Regulation, OUP
(Oxford, 2006).
2
See C.H. Bovis, `Recent Case Law Relating to Public Procurement: A Beacon
for ...