Non-Compliance in Public Procurement – Comparative Study under EU Law

Tünde Tátrai,Gyöngyi Vörösmarty

doi:10.24193/tras.61e.8

Tünde Tátrai, Gyöngyi Vörösmarty

Open Access

https://doi.org/10.24193/tras.61e.8

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Abstract

There is an expectation towards public policy to ensure efficiency in public procurement (manage public spending properly), ensure accountability and support the social, environmental and other economic and political goals. Increasingly complex regulation raises the question of whether its complexity helps or rather hinders the efficient spending of public money. This paper aims to contribute to the discussion going on about efficiency in public procurement. It investigates non-compliance in public procurement with the aim of revealing types of non-compliance and to structure knowledge on the effects of the remedy system to non-compliance.

Highlights

In the context of public policy, public procurement related research focuses mainly on affected groups such as SMEs or on sustainability issues (Preuss, 2011; Flynn and Davis, 2016; Testa et al, 2016; Flynn, 2018)
There is an expectation towards public policy to ensure efficiency in public procurement, ensure accountability and support the social, environmental and other economic and political goals
This paper aims to contribute to the discussion going on about efficiency in public procurement

Summary

Introduction

In the context of public policy, public procurement related research focuses mainly on affected groups such as SMEs or on sustainability issues (Preuss, 2011; Flynn and Davis, 2016; Testa et al, 2016; Flynn, 2018). Numerous public policy papers highlight the relationship between public procurement and innovation (Rolfstam, 2009; Vecchiato and Roveda, 2014). In addition to these important topics, efficiency of public procurement in the public policy context is less frequently addressed. There is an expectation towards them to ensure efficiency (manage public spending properly), ensure accountability and support the social, environmental and other economic and political goals. These expectations, in general, are common to all procurement systems. The effect of the constantly growing regulations has led to a debate among scholars and practitioners who were concerned with the impact on public procurement performance as they seek to comply with rules (Kassel, 2008)

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