This paper will show that the European Single Procurement Document (ESPD) introduced by Directive 2014/24/EU and Commission Implementing Regulation 2016/07 constitutes a paradigm shift on how public procurement procedures are run in the EU and one with unintended consequences. Before its...

This paper aims to offer some reflections on the legal relevance of general principles of EU public procurement law after the adoption of the 2014 package of substantive Directives on public procurement. It focusses on the field of concession contracts because one of the explicit justifications...

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. Th is work is the most comprehensive attempt to date to explain the many...

In December 2020, seeking to start cashing in on its desired ‘Brexit dividends’, the UK Government published the Green Paper ‘Transforming Public Procurement’. The Green Paper sets out a blueprint for the reform of UK public procurement law that aims to depart from the regulatory...

In recent years, several U.S. government agencies have pioneered the use of artificial intelligence (AI) and other emerging technologies to improve the efficiency and accuracy of their 'responsibility determinations' (reviews of, among other things, contractor representations and certifications,...

A requirement or preference for contractors to pay workers involved in the delivery of public contracts a wage above the legal minimum can be seen as part of socially responsible public procurement. However it may also be seen as a restriction on the free movement of goods and services, inasmuch...

The article starts with a short analysis on the main features of the definition of conflict of interest under public procurement laws at EU and Romanian level. Although it is a positive thing having a definition of conflict of interest in the current Public Sector Directive, a close look at this...

This paper focuses on the recent novelties introduced by the ‘Almunia' Package in the regulation of activities at the intersection of the EU rules on State aid, public procurement and the financing of SGEIs. Taking the uncertainties left by the fourth Altmark condition as the point of...

The relationship between public procurement and State aid control rules had been controversial for a long time. However, a growing academic consensus and, more significantly, the official position of the European Commission, ruled out that the award of a public contract can amount to the grant...

This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low and non-compliant tenders in a number of EU jurisdictions (namely, Denmark, France, Germany, Italy, Poland, Romania, Spain and the United Kingdom). In order to set the common ground for the...