Lichère, François --- "Transposition of the Public Procurement Directive in France: between overimplementation and questionable implementation" [2018] ELECD 950; in Treumer, Steen; Comba, Mario (eds), "Modernising Public Procurement" (Edward Elgar Publishing, 2018) 93

Book Title: Modernising Public Procurement

Editor(s): Treumer, Steen; Comba, Mario

Publisher: Edward Elgar Publishing

ISBN: 9781788114530

Section: Chapter 5

Section Title: Transposition of the Public Procurement Directive in France: between overimplementation and questionable implementation

Author(s): Lichère, François

Number of pages: 19

Abstract/Description:

The chapter analyses the implementation of Directive 2014/23 into German law. In terms of speed, accuracy and complying with the requirements of the Directive, the German legislator did a very good job, not least since the legislator opted for copy-out transposition. Besides the accompanying necessary adjustments, the legislator has taken the opportunity to fundamentally reorganize the structure and the system of German public procurement law to make it more straightforward and easier to apply. However, the reform brought about only an evolution, not a revolution, of procurement law. Some structural principles remain unaffected (different systems for contracts above and under the thresholds; ‘cascade style’). Thus, the new procurement law is still very complex and causes an increase of bureaucratic burdens. Nonetheless, the reform has brought greater legal certainty and made a significant contribution to the not yet completed consolidation of a relatively young area of law.