Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements
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Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements. / Andrecka, Marta.
In: Journal of Public Procurement, Vol. 16, No. 4, 01.08.2016, p. 505-527.Research output: Contribution to journal › Journal article › peer-review
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TY - JOUR
T1 - Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements
AU - Andrecka, Marta
PY - 2016/8/1
Y1 - 2016/8/1
N2 - Provision on framework agreements has been introduced into European Union Law (EU) in 2004. Since then framework agreements have gained popularity and importance on the European Union (EU) public tender market. Nevertheless, the use of frameworks poses significant legal challenges necessitating the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis, a small scale comparative law research and field research based on qualitative research by the means of semi-structured interviews.
AB - Provision on framework agreements has been introduced into European Union Law (EU) in 2004. Since then framework agreements have gained popularity and importance on the European Union (EU) public tender market. Nevertheless, the use of frameworks poses significant legal challenges necessitating the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis, a small scale comparative law research and field research based on qualitative research by the means of semi-structured interviews.
KW - Faculty of Law
KW - framework agreements
KW - Public procurement
KW - Procurement
KW - frameworks
M3 - Journal article
VL - 16
SP - 505
EP - 527
JO - Journal of Public Procurement
JF - Journal of Public Procurement
SN - 1535-0118
IS - 4
ER -
ID: 166554584