Albert Sanchez-Graells, The Implementation of Directive 2014/24/EU in the UK (April 6, 2017). To be published in S Treumer & M Comba (eds), Implementation of Directive 2014/24, vol. 8 European Procurement Law Series (Edward Elgar, forthcoming). Available at SSRN
This paper 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 by the UK Government in order 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 in areas where Member States were granted discretion to chose between a set of options or to find their own mechanisms to achieve certain aims specified at EU level. The paper concludes that the transposition in the UK was a missing opportunity to develop a full regulatory architecture for the control of public expenditure by means of procurement.