Speciality Public LawLibrary of the School of Law
α) Κωνσταντίνος Γιαννακόπουλος, Καθηγητής της Νομικής Σχολής ΕΚΠΑ
β) Παναγιώτης Λαζαράτος, Καθηγητής της Νομικής Σχολής ΕΚΠΑ
γ) Βασιλική χρήστου, Επικούρη Καθηγήτρια της Νομικής Σχολής ΕΚΠΑ
Δεσμεύσεις και ευχέρειες των κρατών μελών κατά την ενσωμάτωση στο εθνικό δίκαιο των Οδηγιών της Ευρωπαϊκής Ένωσης για τις δημόσιες συμβάσεις και τις συμβάσεις παραχώρησης
Commitments and discretions of the Member States when transposing the European Union Directives on public procurement and concession contracts
The economic issue of the transaction by the administration concerning the procurement market, the implementation of public works and the provision of services is enormous and occupies a significant share of the market in the Member States. The interest of the European Union for public procurement has not always been the same nor did it occur to the same extent. The evolution of the European Union rules was in parallel with the level of development and integration of the internal market. On the other hand, Member States already maintained individual national rules under which they regulated and delineated their trade action. In order to achieve uniformity in the regulation of public procurement for the smooth functioning of the common market, Member States have been invited to assimilate a multitude of rules and case-law throughout the years.
However, the integration of EU public procurement law raises several concerns about the limits for the penetration of Union law in national public procurement law and the power left to Member States to introduce substantially different arrangements. The approach of the issue is not one-dimensional, but it is apparent from the interpretation of the principles and provisions of primary and secondary legislation and the case law of the CJEU.
This study is structured in two parts. First of all, an attempt is made to define the concept of harmonization of national law with European law and then to record the cases in which the national legislature enjoys a margin of differentiation. Of course, to understand these issues it is appropriate to make an introduction to the elementary aspects of European Union law and to orientate public procurement in the Union legal order. Finally, this follows a brief overview of the institutional, political and economic implications of the choices made by the Greek legislator.
Main subject category:
Law and Legislation
Other subject categories:
Public Procurement, Directives, Harmonization.