Disclosure Rules In EU Public Procurement: – Balancing Between Competition and Transparency

Research output: Contribution to journalArticleScientificpeer-review

Abstract

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States’ national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.
Translated title of the contributionJulkisuussääntely EU:n julkisissa hankinnoissa - tasapainottelua kilpailun ja läpinäkyvyyden välillä
Original languageEnglish
Pages (from-to)528-553
Number of pages25
JournalJournal of Public Procurement
Volume16
Issue number4
Publication statusPublished - Aug 2016
MoEC publication typeA1 Journal article-refereed

Field of science

  • Law

Fingerprint

Dive into the research topics of 'Disclosure Rules In EU Public Procurement: – Balancing Between Competition and Transparency'. Together they form a unique fingerprint.

Citation for this output