Increasing the Scope of EU Public Procurement Legislation — The best way to Crack a Nut – Cyber Tech

The annual assembly of the European Procurement Legislation Group a number of weeks in the past was excuse to seek out centered time to consider the continued means of evaluate of the EU public procurement guidelines—as we’re engaged on an edited e book with a collection of suggestions and reform proposals. My draft chapter focuses on the scope of utility of EU procurement legislation.

Within the draft, I argue that the cornerstone of procurement regulation–what really constitutes a ‘public contract’–is not clear, regardless of many years of ECJ case legislation. This undermines the coherence and effectiveness of EU inner market legislation.

Towards the background of the continued evaluate, I concentrate on the scope of utility of Directive 2014/24/EU to focus on some points of the interplay between the EU procurement guidelines and different devices of EU inner market legislation, together with new and proposed instruments in search of to (additional) leverage procurement as a coverage supply instrument—such because the Worldwide Procurement Instrument or the International Subsidies Regulation, in addition to the growing vary of obligatory (sustainability) necessities centered on procurement.

After a evaluate of latest developments within the interpretation (and narrowing) of the scope of utility of Directive 2014/24/EU, I sketch an alternate practical strategy that, in my opinion, would supply conceptual consolidation, realign EU procurement guidelines with their inner market logic, and probably enhance their match as a coverage supply instrument.

I make two key reform proposals:

• New definition of ‘procurement’ to step again from present concentrate on ‘acquisition’ and ‘alternative’ by the contracting authority, and to incorporate preparatory actions with potential damaging impacts on the interior market

• New definition of ‘public contract’ to get rid of the requirement of ‘pecuniary curiosity’

As all the time, I’d be very desirous about any suggestions.

The draft might be freely downloaded from SSRN: Sanchez-Graells, Albert, Increasing the Scope of EU Public Procurement Legislation — Realigning the Procurement Directive with Its Inner Market Logic whereas Bettering Its Match with Strategic Procurement? (April 11, 2025). Out there at SSRN: https://ssrn.com/summary=5213497.