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Public procurement (the purchase by governments and state-owned enterprises of goods, services and works) accounts on average for approximately 12% of GDP of all OECD member countries (excluding procurement by state-owned utilities). When the purchases value of the procurement contracts of state-owned utilities is also accounted for, the size of procurement markets increases by an additional 2 to 13 percentage points of GDP.

Therefore, the legal framework of public procurement is key to improving the quality of government services, better allocating resources and providing greater value for taxpayers’ money. The legal framework has been harmonized by the EU Public Procurement Directives. However, member states have used their playing field when implementing these directives to fix certain national peculiarities, which lead to relevant differences in national public procurement laws.

Three new public procurement directives have been published on March 28th, 2014: (i) Directive 2014/24/EU on public procurement, (ii) Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and (iii) Directive 2014/23/EU on the award of concession contracts. These new directives entered into force on April 17th, 2014 and must be implemented into national law until April 17th, 2016. Several member states, however, have implemented parts of the new regime already.

This guide intends to provide an overview on the EU Public Procurement Directives and 22 national procurement laws following ten questions, answered by CMS public procurement specialists experienced in the respective jurisdictions, including Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, China, Czech Republic, France, Germany, Hungary, The Netherlands, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Switzerland, Ukraine and the United Kingdom.

Your CMS experts are happy to answer any further questions you may have.

Bernt Elsner, editor


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