© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Background Note: Regulation & Enforcement of Public Procurement in the EU Ankara, February 2008 Peter Trepte Barrister, London; of counsel, Grayston and Company, Brussels

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Regulating Procurement in the EU l No explicit Treaty provisions l Application of fundamental principles derived from primary law l General principles of law l Procurement directives

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Fundamental Principles l Simultaneous application l Apply where directives do not l Include: non-discrimination free movement of goods freedom of establishment freedom to provide services

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU General Principles l equal treatment l transparency l legal certainty l proportionality

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Procurement Directives l Directive 2004/17 l Directive 2004/18 l Directive 89/665 (OJ 1989 L395/33) l Directive 92/13 (OJ 1992 L76/14) l Directive 2007/66 (OJ 2007 L335/31)

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Implementation l Direct Effect of Directives l Transposition of Directives into national law l National laws to be adapted to requirements of the Directives l Compliance with Treaty and Principles whether Directives apply or not

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Implications for Enforcement l Parallel application of national law and EU law l Multiplicity of national review fora l Difficulty of maintaining a level playing field l Simultaneous jurisdiction of national tribunals, European Court and European Commission l Obstacles to guaranteeing minimum safeguards