Nobody downloaded yet

Identify and critically assess the principles which underpin the EU Public Procurement - Essay Example

Comments (0) Cite this document
Summary
THE EUROPEAN UNION PUBLIC PROCUREMENT LAWS: A CRITICAL ANALYSIS OF THE BACKGROUND AND UNDERLYING PRINCIPLES Outline Introduction Framework Reasons for the EU Public Procurement Laws Overview of Underpinning Principles Transparency Publicity Objectivity Accountability Non-Discrimination Flexibility & Redress Conclusion Introduction Basis of the EU Procurement Law is a framework of laws that seeks to supervise the award of service contracts and supply contracts to third parties in the European Public Sector…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Identify and critically assess the principles which underpin the EU Public Procurement
Read TextPreview

Extract of sample "Identify and critically assess the principles which underpin the EU Public Procurement"

Download file to see previous pages Framework Procurement can be defined as “the purchase of commodities, goods, works or services by public administrators”.1 A public administrator in the EU Law includes state, government, association governed by public law and similar bodies. Collectively, public procurement accounts for 13.5% of the European Union’s GDP.2 This therefore means that the authorities have a duty to provide a legally acceptable set of guidelines that promotes the European Union’s single market system and also prevents leakages and unfair procurement practices and corruption. However, some challenges in the EU Procurement Laws do not enable the EU Procurement system to achieve its objectives. In the UK, the threshold for the observance of EU Public Procurement Law is ?100,000 for government supplies and ?4 million for works and services.3 These thresholds are really high. This gives room for various forms of manipulation. A public institution that desires to be mischievous is likely to buy goods and services in lower amounts so that they will not be required to follow the EU Procurement Rules. This gives room for easy evasion and manipulation. Reasons for the EU Public Procurement Laws The first reason why the EU Public Procurement Law was enacted was that the European Union has laws that guarantee the freedom of movement, person, capital and services across borders so nations and governments should not have public procurement systems that discriminate against people from other EU nations.4 Also, non-tariff protection exists for all EU businesses in the transfer of their goods and services across the various borders.5 The EU Procurement Law avoids amongst other things, discrimination against efficient companies by ensuring the fair treatment of all potential bidders for a public supply tenders across the EU. The extent to which the procurement law has protected non-national businesses in bids and tender is quite questionable. This is because with higher transportation costs and diversity issues, it is often common for public institutions to choose local suppliers and not external suppliers. In summary, the EU Procurement Laws state that public institutions should honour three things in their operations.6 The are: 1. They must treat a business and person of other EU nationality fairly7 2. No discrimination, there should be equality 3. There should be transparency in bidding and tender selection process. However, with the uneven trends of development in the EU, there are cases when there is the need for positive discrimination to help some national businesses to grow by supplying to public institutions in the country. Adhering strictly to the public procurement framework can only cause some local businesses in smaller nations like Portugal and Latvia to collapse in the face of other richer businesses from more powerful nations like Germany, France and Britain. Overview of Underpinning Principles The main areas and aspects of the EU Public Procurement policy include transparency, publicity, objectivity, accountability, non-discrimination and flexibility/redress. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Identify and critically assess the principles which underpin the EU Essay”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1421865-identify-and-critically-assess-the-principles
(Identify and Critically Assess the Principles Which Underpin the EU Essay)
https://studentshare.org/environmental-studies/1421865-identify-and-critically-assess-the-principles.
“Identify and Critically Assess the Principles Which Underpin the EU Essay”, n.d. https://studentshare.org/environmental-studies/1421865-identify-and-critically-assess-the-principles.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Identify and critically assess the principles which underpin the EU Public Procurement

Critically assess the use of environmental principles in environmental law

...?Critically Assess the Use of Environmental Principles in Environmental Law Table of Contents Introduction 3 Principles of Environmental Law 4 Polluter Pays Principle 4 Philosophies of the Environmental Law 6 Environmental Regulation and Protection and International Environmental Law 7 International Environmental Law 8 European Environmental Law 10 Conclusion 13 References 14 14 14 Bibliography 16 Introduction The perception of environmental law is fundamentally described as a set of effective rules as well as regulations concerning the safeguard of natural environment of a particular region. According to the present context considering periodic incidence of global warming, international environmental law is generally considered... . In order...
11 Pages(2750 words)Assignment

Key Performance Indicators in Public Procurement Agencies

...by the bureaucrats themselves. To be successful, a bureaucracy must obtain high level of reliability and must undertake routine activities methodically, these means to effective performance and become the goals of the organisation (Merton, 252). One of the most difficult things associated with the performance of public procurement is corruption or bribery. It is negative, uneconomic and even dangerous. Over the last two centuries governments have standardized legal tenders and the range of monetized social transactions has enormously expanded (Zelizer, Economics, 329). Still this is a problem. Bribe is often termed as gift. In fact, when disparaging a monetary quid pro quo, critics call...
7 Pages(1750 words)Thesis Proposal

Identify and Critically examine PERSONALISATION

...., McCormick, M. & Morgan, A. (2010). Professional Development in Social Work: Complex Issues in Practice. UK: Routledge. Sines, D., Saunders, M. & Forbes-Burford, J. (2009). Community Health Care Nursing. London: Wiley-Blackwell. Snoddon, J. (2010). Case Management of Long Term Conditions: Principles and Practice for Nurses. UK: Wiley-Blackwell. Sobanja, M. (2009). “What is World Class Commissioning?” The NHS and HTA, pp. 1-3. Spandler, H. (2004). “Friend or foe? Towards a critical assessment of direct payments”, Critical Social Policy, pp. 187–209.... ?Running Head: Personalisation of Social Care Identifying and Critically Examining Personalisation of Social Care: Challenges of Commissioning Mentally Ill...
20 Pages(5000 words)Essay

Identify and Critically Evaluate Ecotourism

...level. A public attention and active involvement of communities in ecotourism would increase the interest of scientists in this sphere and thus would contribute to development of ecotourism as academic discipline. Works cited 1. Blamey, R., 1997. Ecotourism: The search for an operational de?nition. Journal of Sustainable Tourism 5, pp. 109–130. 2. Blamey, R., 2001. Principles of ecotourism. In D. Weaver (Ed.), Encyclopedia of ecotourism (pp. 5–22). Wallingford, UK: CAB International. 3. Blangy, S., & Mehta, H., 2006. Ecotourism and ecological restoration. Journal for Nature Conservation, 14, pp. 233–236. 4. Charnley, S., 2005. From Nature Tourism to Ecotourism? The Case of the Ngorongoro Conservation...
8 Pages(2000 words)Essay

Transparency in public procurement

...abilities. The limited bidding concept is one that is open to abuse by use of bribes or promises to officials to include certain companies that fail in the qualities required for a bidding process to take part, where suppliers and officials collude to defraud the government.6 Jones’ report on lack of transparency in public procurement highlights the possibility of misappropriations of government resources and already procured materials for personal use by government officials. As such, he cites officials’ procuring their own items together with the government’s in order to get a lower price or deal in acquiring personal assets under the wing of government agencies....
6 Pages(1500 words)Essay

General Principles of Law in the Eu

...a reference to the case of Apple it can be seen that state measures have been given a broad meaning and so even a semi-public body is included. By looking at the facts it can be specified that a Borough Council is generally ascertained to be a state controlled body or a semi public body and so even the requirements laid down in Commission v. Germany 16will be satisfied. Thus it can be safely stated that the Loamshire Borough Council has been under the supervision of the government. The next point that requires an assessment is whether the acts of the Borough Council or in other words its 'ecobuild' policy are incompatible with Article 28. By looking at the definition of a quantitative...
20 Pages(5000 words)Essay

EU Law Fundamental Principles of EU Law

..., the leading case of CILFIT ([1982] ECR 3415) clarified the conditions in which national courts are not obliged to make a reference under Article 234; asserting the acte clair principle thus: “the national court or tribunal must be convinced that the matter is equally obvious to the courts of the other Member States and to the Court of Justice. Only if those conditions are satisfied may the national court or tribunal refrain from submitting the question to the Court of Justice”. Q9) The parties to the case were the Italian public prosecutor and Tullio Ratti. Q10) It is possible to distinguish between ECJ and CFI cases from the case number reference. When cases are referred to the ECJ, the case number...
6 Pages(1500 words)Essay

Making reference to EU policies and institutions, identify and assess opposing theoretical arguments on the process of EU integration

...Making Reference to EU Policies and s, Identify and Assess Opposing Theoretical Arguments on the Process of EU Integration Table of Contents Table of Contents 2 Introduction 3 Intergovernmentalism and Different Forms of Supranationalism 4 Theories of Integration 7 Conclusion 16 References 17 Bibliography 21 Introduction European integration signifies that the European nations as well as states are eager to transfer and acquire sovereign power in a collective manner. The main objective of this integration was to unite the European nations as well as regions in a political and legal structure. The European Union (EU) comprises a population of 500 million as...
12 Pages(3000 words)Essay

Procurement

...Procurement According to the policies and strategies of procurement and contracting, an organization operating in the segment of outdoor sports section, might try to offer effective products at a competitive price. This is done so as to enhance the level of reliability and brand image of the organization within the minds of its target customers thereby amplifying its scope of success. Moreover, the total number of products might also be delivered within a stipulated time –period so as to enhance its reputation and portfolio in the market among other suppliers. Therefore, the outdoor sports stores REI might try to use certain strategies at the time of selecting the sources of supply, suppliers, market...
2 Pages(500 words)Assignment

Public Procurement Law

...of acquiring value for money are considered as critical where the Law Module in response to such concerns by the enactment of the State in developing systems for procurement that avoid abuse and also acquire value for money. The law accepts it when the government purchasers take advantage of techniques in modern commercial activities like e-procurement and framework agreements in the maximization of value for money in the process of procurement9. Due to isolation the public procurements systems have integrated principles of the open market. This allows member states and entities to implement their public...
24 Pages(6000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Identify and critically assess the principles which underpin the EU Public Procurement for FREE!

Contact Us