Systemic Irregularities in the EU Fund Law: Context of Public Supervision over Public Procurement Market

Abstract

The issue of the obligation to comply with the public procurement legal regime in the European Union (EU) fund law is related to the requirement to follow all applicable laws in a case. Problem of violating these regulations is connected with an occurrence of individual (existence of the beneficiaries) and systemic irregularities (functioning of the management and control system). This publication is an attempt to analyse components of the notion of systemic irregularities in the context of a public supervision over the public procurement market. It will allow to show a complexity of systemic irregularities, their relation to individual ones and negative effects in the area of public procurements. These legal problems have a very important meaning for the whole process of implementation of EU funds, because there is a necessity to use all of the public resources in appropriate way in line with all binding provisions—while each irregularity violates these provisions. In the case of systemic irregularities, there is a significant problem—the source of these ones is placed in the system of management and control. It is worth mentioning that discussed problems are important for all EU State Members. Moreover, there are not many scientific publications on this topic. Methodology is connected with an analysis of legal regulations (EU and national law) and legal literature.