2 - Public Procurement

Summary

This chapter provides a classification of interests in public procurement, an analysis that also forms the basis of the classification of interests in limited rights that is used for the balance of interests analysis throughout this book. It then deals with the specific question of how these different interests are balanced in procurement procedures, both at the EU level and by the Member States, in the context of competitive tendering. This analysis focusses mainly on three key interests, namely value for money, effective implementation of industrial, social and environmental policies, and efficiency of the procedure, but also touches on others by examining how they are balanced against these three interests. The review shows that this balancing exercise is a complex task influenced by, for example, the complexity of procurement and differences between Member States. It is suggested that while solutions reached in procurement should not be copied uncritically, both because of their flaws and (in some cases) controversial nature and because of the differences in context with other limited rights, the wealth of detail and experience in public procurement rules provides useful lessons and options for other fields.