Concept of Transparency in EU Public Procurement Law: Implications for Legal Reform in Kuwait - Thesis Example

Download file to see previous pages There is no doubt that the evolution of legal and administrative regimes governing the Affairs of the State is one of the most important elements for any State, and reflects a nation’s progress or lack of it. As principles of clarity and transparency are part of good administrative practice it is argued that the law can protect, facilitate, safeguard, and encourage these principles. Therefore, significant steps have been taken at the European level towards implementing the principle of transparency in all areas, including of course the field of public procurement, which is the subject of this study. Thus, one of the objectives of this study is to detect the principle of transparency in public procurement as well as shed light on the historical development achieved in this field by the EU, with analysis covering the process from the announcement of public contracts to the contract awarding stage.

The aim of this study is to highlight the importance of transparency as a new principle in the field of public procurement in light of legal provisions, jurisprudence, and court verdicts. This will be achieved through analysis of the latest EU Procurement Directives and the Public and Utilities Regulations governing public procurements in the EU.
The European Procurement Directives are adopted as the primary source for legislation in the countries of the European Union, which regulate the purchasing of goods, supplies, and services by national, regional, and local public bodies.

Transparency is fundamental to the integrity and public confidence and it essentially involves consistently providing adequate and pertinent data to all interested parties. Allowing the public to have wide access to information on this basis would facilitate participation in public procurement and hold public authorities accountable to ensure that official guidelines for public procurement activities are followed. Furthermore, transparency shows the spending of public funds by government officials, which in turn results in increased accountability. As a result, transparency is considered to be an important weapon against discrimination and corruption in the awarding of public contracts. This can be achieved by ensuring the application of the essential principles of the EC Treaty; in particular the principles of free movement as well as the principles deriving thereupon, such as equal treatment, non-discrimination, legal certainty, and transparency.

The concept of transparency in the field of public procurement ascribes to the belief that there should be clear rules regulating procurement, that interested parties should know these rules, and that the decision-making process should be clearly communicated. The public procurement market can also be opened up to more equal competition through the introduction of greater transparency since a more predictable context is created for potential participants. ...Download file to see next pages Read More