To read the full version of this content please select one of the options below:

Dealing with legal loopholes and uncertainties within eu public procurement law regarding framework agreements

Marta Andrecka (Centre for Enterprise Liability, Faculty of Law, University of Copenhagen, Denmark)

Journal of Public Procurement

ISSN: 1535-0118

Article publication date: 1 April 2017

Downloads
173

Abstract

Provision on framework agreements has been introduced into European Union (EU) Law 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.

Citation

Andrecka, M. (2017), "Dealing with legal loopholes and uncertainties within eu public procurement law regarding framework agreements", Journal of Public Procurement, Vol. 16 No. 4, pp. 505-527. https://doi.org/10.1108/JOPP-16-04-2016-B004

Publisher

:

Emerald Publishing Limited

Copyright © 2016 by PrAcademics Press