Increasing the Scope of EU Public Procurement Regulation — Tips on how to Crack a Nut – Cyber Tech

The annual assembly of the European Procurement Regulation Group a couple of weeks in the past was a great excuse to seek out targeted time to consider the continuing strategy of assessment of the EU public procurement guidelines—as we’re engaged on an edited e-book with a sequence 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 truly constitutes a ‘public contract’–is not clear, regardless of a long time of ECJ case legislation. This undermines the coherence and effectiveness of EU inside market legislation.

In opposition to the background of the continuing assessment, I deal with the scope of utility of Directive 2014/24/EU to focus on some facets of the interplay between the EU procurement guidelines and different devices of EU inside market legislation, together with new and proposed instruments looking for to (additional) leverage procurement as a coverage supply instrument—such because the Worldwide Procurement Instrument or the International Subsidies Regulation, in addition to the rising vary of necessary (sustainability) necessities targeted on procurement.

After a assessment of current traits within the interpretation (and narrowing) of the scope of utility of Directive 2014/24/EU, I sketch an alternate practical method that, for my part, would supply conceptual consolidation, realign EU procurement guidelines with their inside 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 deal with ‘acquisition’ and ‘selection’ by the contracting authority, and to incorporate preparatory actions with potential unfavourable impacts on the inner market

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

As at all times, I’d be very interested by any suggestions.

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