Public Supervision of Public Procurement Market: A Contribution to Debate

Abstract

In the EU and in individual Member States some deficiencies in the functioning of the public procurement market may hinder or, in some cases, even prevent the achievement of basic objectives of the legal regime of public procurement. Such deficiencies can be eliminated successfully or, at the very least, mitigated through establishment of a public (administrative) supervision over the public procurement market. The purpose of this article is, first of all, to determine the need for a public (administrative) supervision over the public procurement market in UE. Also, upon prior verification of this need, to propose some essential elements of the legal structure of such public supervision over the public procurement market in the UE. An analysis of various elements of the said structure will be made from two points of view: the actual and/or anticipated impact of these elements on the public procurement market; and the relation of those elements to the basic national constitutional legal principles relating to the organisation of public authorities and to the relationship between public authorities and individuals.