Has European public procurement law improved the competitiveness of public procurement?
Has European public procurement law improved the competitiveness of public procurement?

Summary/Abstract: The European Union (EU) laws lay out the harmonized public procurement procedures and rules that establish a fair and level playing field for businesses operating in the European market. These rules coordinate procedures for the award of work, supply, and service contracts to the public. The paper examines EU public procurement law highlighting the governing principles, directives, justification, and enforcement. Public procurement is a major non-tariff barrier to the functioning of a competitive internal market. The law governing this process has both – legal and economic justification. From an economic perspective, it introduces competitiveness, price convergence, and significant cost savings in the public sector. From a legal standpoint, it adheres to the EU’s fundamental principles of free movement of goods, transparency, non-discrimination, and equal treatment. The introduction of the New Directives to replace the Old Directives aimed to increase flexibility and efficiency in the procurement process. However, compliance remains a challenge. Thus, effective implementation of the law requires a major change in the public procurement culture.

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