Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

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

SN - 1535-0118

VL - 16

SP - 505

EP - 527

JO - Journal of Public Procurement

JF - Journal of Public Procurement

IS - 4

ER -