Tat'yana Kachurina1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Regulating the Sector of Public Procurement in Regional Trade Associations in the EU

2013. No. 4. P. 107–127 [issue contents]
Kachurina Tatyana - Postgraduate Student, Department of International Law, National Research University Higher School of Economics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: mejpravo@hse.ru

This paper deals with the problem of the international public procurement sector regulation in theregional trade unions in the European Union. The article examines the key regional legal documents ofthe European Union such as EU Directives and analyzes the problems of their legal application at thenational level. The directives form the basis for the regulation mechanism of the public procurement andcoordinate procedures for public bidding for both private and state-owned enterprises. The directivesencourage free competition in the bidding process and stimulate cross-border trading. The paperdescribes various ways of applying the basic principles of the public procurement law (in particular, itdeals with the aspect of the transparency principle as a mechanism to control public contracts’ award).The principle of transparency is considered in the paper as a “monitoring tool” for public procurementcontracts. Transparency principle is described in international judicial practice, where the goal of applyingthe transparency principle is seen as a guarantee of compliance with other fundamental legal principles (e.g. the principle of fair competition and the principle of non-discrimination). It describes EU Directives’subjective and objective application scope and the procedures of public procurement contracts’ award.The article points out the main terms and conditions of the tender procedures and outlines issues ofpossible violations of the EU and national law by the public authorities involved in procurement practice.The article provides a detailed overview of the tendering procedures’ types, the process of suppliers’qualifications and defines procurement financial thresholds. Directives prescribe four different publicprocurement procedures (open, closed, competitive dialogue procedure and negotiation). Presenting ofthe essential internal company or financial documentation is compulsory step in the process of suppliers’qualification. The article also discusses the importance of the most advantageous economic proposalsin the procedure of the contract award. The author refers to the topic of advertising as a method ofimportant information disclosure during the tendering process and discusses potential «pitfalls» in thefield of information security breach. The article analyses EU judicial practice and raises the issue ofapplication of the «in house» doctrine.
Citation: Kachurina T. (2013) Regulirovanie sektora gosudarstvennykh zakupok v regional'nykh torgovykh ob"edineniyakh: na primere Evropeyskogo soyuza [Regulating the Sector of Public Procurement in Regional Trade Associations in the EU]. Pravo. Zhurnal Vysshey shkoly ekonomiki,  no 4, pp. 107-127. (in Russian)
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