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Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert --- "Transparency in EU procurements: an introduction" [2019] ELECD 1355; in Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert (eds), "Transparency in EU Procurements" (Edward Elgar Publishing, 2019) 1

Book Title: Transparency in EU Procurements

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

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Transparency in EU procurements: an introduction

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

Number of pages: 7

Abstract/Description:

It follows from the CJEU case law that transparency is a general principle of EU public procurement law or at least a corollary of the general - and foundational - principle of non-discrimination. While this starting point is indisputable, how transparency translates into the rules and practices of procurement of the EU institutions and in the Member States varies very significantly. Harmonisation by the EU public procurement and concessions directives goes at times into much detail. This is for instance the case with the publication and content of the notice starting most contract award procedures. But much is left to the Member States while EU institutions apply discretely different rules. For instance, rules concerning access to documents of the award procedure and to the concluded contract are very scant or not given at all, and this is the case even if the remedies directives are taken into consideration.