Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"Foreword" [2019] ELECD 1353; in Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert (eds), "Transparency in EU Procurements" (Edward Elgar Publishing, 2019) viii

Book Title: Transparency in EU Procurements

Editor(s): Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert

Publisher: Edward Elgar Publishing

Section Title: Foreword

Number of pages: 3

Extract:

Foreword
We are proud to present the latest book based on the work of the European
Procurement Law Group. After the volume on the implementation of the
2014 Procurement Directive, we return to our approach of combining country
reports and comparative papers to deepen our knowledge of the multiple facets
of the principle of transparency as it is part of the law in action in a wide selec-
tion of Member States.
The relevance and appeal of transparency made it necessary to contextualise
public procurement rules in wider EU and national constitutional discourses.
Competing priorities like fighting corruption or unleashing the potential for
innovation affect the way transparency is understood and applied in different
jurisdictions. The outcome of our collective research shows that disclosure
rules still vary significantly across the Member States, and that differences
between national rules may even end up creating difficulties for cross-border
procurement. Still, besides the usual (if not tedious) rules on advertising in the
award phase of the procurement cycle, the Procurement Directives to a large
extent leave to the discretion of the Member States the scoping of transparency
obligations and the determination of the types of documents susceptible of
disclosure to candidates, tenderers and third parties. While this is somewhat
unavoidable--given the different priorities arising from the different procure-
ment context found in the Member States--a number of comparative chapters
investigate whether and, if so, to what extent, the general principles of EU
public procurement law may condition or even limit ...