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Chapter 5: Public Procurement

General principles that regulate public procurement derive from the Treaties as well as from the jurisprudence of the European Court of Justice such as transparency, equal treatment, free competition and non-discrimination. All procurement procedures, even those falling outside the scope of the EU procurement directives i.e. procurement below the EU thresholds or subject matter such as service concessions, Public private partnerships - PPP, are covered by these principles.

Two specific directives: Directive 2004/18/EC regarding the so-called "traditional contracting authorities" (the “classical sector”) and Directive 2004/17/EC concerning the authorities and entities operating in the fields of water, energy, transport and postal services (the “utilities sector”) coordinate the award of public contracts (public works, public supply and public service contracts) . Coordination of procedures for the award of public contracts by contracting authorities or entities in the field of defence and security is stipulated by Directive 2009/81/EC.

Contracting authorities/entities and contracts covered, application thresholds and specific exclusions define respective scope of application of the directives. In order to ensure full respect of the general principles specific requirements need to be laid down.  Specific requirements include specifications and contract documents, different types of procurement procedures, advertising and transparency, as well as the conduct of the procedure including qualitative selection and contract award. Design contests as well as concessions in the “classical sector” for public works are subject to these specific requirements.

CEP contact person:

Nebojša Lazarević - nebojsa.lazarevic@cep.org.rs

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