Overview
ABSTRACT
In the European Union, public works contracts are based on two directives. Their latest versions were enacted in 2014. They aim to ensure fair competition between companies in the EU so as to grant them equal access to public procurement inside the 28 member States. The purpose of this article is to give the readers access to the legal framework of the directives, which ensure compliance with the requirements of the European Treaties.
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Bernard-Michel BLOCH: Diplômé d'Études Supérieures Spécialisées (D.E.S.S.) in Construction and Urban Planning Law - Member of the Hauts-de-Seine Bar
INTRODUCTION
The Treaty on European Union (often referred to as the Maastricht Treaty) and the Treaty on the Functioning of the European Union, both amended in 1997, 2001 and 2003, emphasize the need to create an area without internal borders, with the aim of achieving an internal market characterized by the free movement of goods, persons, services and capital. Against this backdrop, the Community's institutions (European Parliament, Council and Commission) have always considered the opening up of public procurement to the Community dimension to be an essential element in achieving a genuine internal market.
The aim of European public procurement is to establish fair and open competition, enabling contractors to take full advantage of the single market and contracting authorities to choose freely from a wider range of more competitive offers.
A European Union-wide legislative framework for public procurement has now been put in place. The aim of this article is to provide readers with the clarification they need to understand this often complex subject, both for specialists and for users of the law.
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KEYWORDS
law | markets of works
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Construction law and general management
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Construction contracts in the European Union
European Community law on public works contracts
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Appendices
1. Building and civil engineering sector: central public authorities in the EU
You can download Annex I of European Directive 2014-24-EU of February 26, 2014 en cliquant ici
2. Common Procurement Vocabulary (CPV)
You can download the extract from the CPV (Common Procurement...
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