E-Procurement—current law and future challenges

Abstract

The article considers the law applicable to electronic public procurement and considers the advantages and challenges of using electronic processes to facilitate procurement activities. The paper identifies a number of distinct advantages, particularly in terms of time and cost savings, but also demonstrates that there is a degree of legal uncertainty over the application of certain of the provisions of the Directives concerning electronic processes for procurement. The paper then considers the major barriers for an expansion of electronic procurement, particularly across Member State borders, lies in the absence of a coherent supporting framework for the interoperability of e-catalogues, electronic signatures and other technical requirements. A further problem that is considered is the challenge for participants in the procurement process from other Member States to provide suitably attested documents. Finally, the paper considers the likely impact of initiatives to overcome some of the challenges that are identified and offers a brief overview of the recent Commission Green Paper on e-Procurement, considering what impact its proposals may have in the future.