Department of Law
Library of the School of Law

2019-05-20

2019

Petropoulou Maria-Ioanna

Γλυκερία Σιούτη, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Γεώργιος Δελλής, Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Παναγιώτης Λαζαράτος, Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Κωνσταντίνος Γιαννακόπουλος, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Βασίλειος Κονδύλης, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Αικατερίνη Ηλιάδου, Επίκουρος καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Ανδρέας Τσουρουφλης, Επίκουρος καθηγητής, Τμήμα Νομικής, ΕΚΠΑ

Δημόσιες συμβάσεις και ανταγωνισμός στην οδηγία 2014/24/ΕΕ. Αλληλεπίδραση και επιπτώσεις στην αγορά.

Greek

Public procurement and competition law in the context of directive 2014/24/EU : Interplay and market effects

The following doctoral thesis is structured in two parts. Particularly, the first chapter of the first part analyses the “Public Procurement guidance for practitioners on avoiding the most common errors in projects funded by the European Structural and Investment Funds” issued by the European Commission in February 2018. According to that document, the main stages of the procedure for the award of public contracts are the preparation and planning, the publication and transparency, the submission of tenders and selection of tenderers, the evaluation of tenders, the award of the contract and finally the contract implementation. In accordance to the aforementioned guidance, during the preparation and planning phase of a public contract it is important to conduct a preliminary market analysis, to define the subject matter of the contract, and to choose the absolutely necessary procedure. As a result, in order to achieve economic efficiency, contracting authorities should avoid practices affecting competition during the planning stage of the public contract and strive to limit the negative impact on the market.
The second chapter of the first part analyses the principles of public procurement rules and competition law; it is suggested that economic efficiency should be the link between these two areas of law, as well as the limitation of market failures and the principle of competition as incorporated in the Article 18 par. 1 of the public procurement Directive 2014/24/EU. The third and fourth chapter examine the principles of transparency and equal treatment in public contracts through the case-law of the CJEU in relation to the principle of competition. It is suggested that the principle of transparency should be aligned with the demands set by the principle of competition and that practices that come with vast administrative cost should be avoided.
The first chapter of the second part focuses on particular issues of competition and specifically in interpreting the principle of competition included in Article 18 par. 1 of Directive 2014/24/EU, in a way that promotes competition and not choose rules that prevent, limit or distort competition. The second chapter of the second part, examines that interaction of the two set of laws; it is noted that Article 57(4) (c) (d) of Directive 2014/24/EU has a positive impact in the context of the fight against distortion of competition in public contracts. At the third chapter of the second part, we consider the negative effect of the above interaction, as a result of the divergence of the CJEU’s jurisprudence when it comes to the definition of an “undertaking” in public contracts and that of competition (law).
The fourth chapter of the second part, analyses the question of the relation between supervisory authorities with the contracting authorities, as well as that between investigating authorities. The object of the analysis is the interpretation of the notion of “investigating authorities” of art. 57 (6) of Directive 2014/24/EU and whether that includes the contracting authorities. With regard to this matter, the CJEU considers that according to the requirements of the art. 57 (6) of Directive 2014/24/EU.
Finally, the fifth chapter of the second part clearly demonstrates that the gathering techniques of public contracts have been grown in the last ten years, because of four important factors, that is the cultural environment, influence of fiscal austerity standardization and homogeneity levels of the bought products and services as well as the extent of professional training of allocating authorities employees carrying out the public contracts.

Law and Legislation

Law of Competition

public procurement, competition, principle of transparency, principle of equal treatment

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File access is restricted until 2024-10-31.

https://pergamos.lib.uoa.gr/uoa/dl/object/2873461