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Publication - Professor Albert Sanchez Graells

    The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit

    Citation

    Graells, AS, 2019, ‘The Copy-out of Directive 2014/24/EU in the UK and its Limited Revision Despite the Imminence of Brexit’. Public Procurement Law Review, vol 28., pp. 186-200

    Abstract

    This article provides a critical assessment of the implementation of Directive 2014/24/EU in the UK by the Public Contracts Regulations 2015. It explores the implications of the copy-out approach followed to avoid gold-plating the transposition of the 2014 EU Public Procurement Package, as well as the deficiencies that result from the perspective of constructing a developed regulatory system. The analysis concentrates on selected novelties of Directive 2014/24/EU, as well as areas where Member States were granted discretion to choose between a set of options or to find their own mechanisms to achieve certain aims established at EU level. The article concludes that the UK missed an opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement and stresses how, despite the imminence of Brexit, there is no indication of a significant reform of UK public procurement law any time soon.

    Full details in the University publications repository