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Treumer, Steen; Comba, Mario --- "Introduction" [2018] ELECD 946; in Treumer, Steen; Comba, Mario (eds), "Modernising Public Procurement" (Edward Elgar Publishing, 2018) 1

Book Title: Modernising Public Procurement

Editor(s): Treumer, Steen; Comba, Mario

Publisher: Edward Elgar Publishing

ISBN: 9781788114530

Section: Chapter 1

Section Title: Introduction

Author(s): Treumer, Steen; Comba, Mario

Number of pages: 10

Abstract/Description:

The Directive was implemented before the deadline for implementation. The Danish implementation is one of the most interesting in the EU, as the legislator has consistently pushed the boundaries of EU public procurement law. The legislator reformulated the provisions of the Directive, adopted several questionable interpretations, considered numerous issues in further detail than the Directive and engaged in overimplementation. The majority of the questionable interpretations can be found in the preparatory works to the Procurement Act. Preparatory works are an important legal source in the Danish legal system, as it is an exception that Danish courts and complaints boards disregard preparatory works. Nevertheless, this has happened in the procurement context and will likely happen again due to the abovementioned characteristics of the Danish implementation. The regulation of competitive procedure with negotiation, contract changes and a requirement for prior publication of the method of evaluation is also of European interest.