The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union

Bovis, Christopher

Abstract

The regulation of public procurement in the European Union focuses on the internal market and its function in accordance with the fundamental freedoms. It aims at installing a behaviour for the public sector which is similar dynamics to the function of private markets. However, the regulation of public procurement reflects a characteristic of the relevant markets which is sui generis and has as main feature the pursuit public interest. These markets are referred to as public markets, which are distinct from private markets in their driver. Public markets exist to deliver public interest, whereas private markets exist to allow operators pursue profit. The regulation of public procurement rests on harmonisation which as a legal and policy process has been selected by European institutions to convey such regulation through directives. The latter are legal instruments which provide frameworks for implementation of the acquis communautaire but allow the required flexibility through discretion which is afforded to Member States in relation to the forms and methods of their implementation.

Citation

Bovis, C. (2022). The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union. Studia Iuridica Lublinensia, 31(4), 9-27. https://doi.org/10.17951/sil.2022.31.4.9-27

• Journal Article Type: Article
• Acceptance Date: Dec 22, 2022
• Online Publication Date: Dec 28, 2022
• Publication Date: 2022
• Deposit Date: Jan 6, 2023
• Publicly Available Date: Jan 9, 2023
• Journal: Studia Iuridica Lublinensia
• Print ISSN: 1731-6375
• Electronic ISSN: 2449-8289
• Peer Reviewed: Peer Reviewed
• Volume: 31
• Issue: 4
• Pages: 9-27
• DOI: https://doi.org/10.17951/sil.2022.31.4.9-27
• Keywords: Public procurement; Flexibility; Discretion; Harmonisation; Internal market
• Public URL: https://hull-repository.worktribe.com/output/4164793