Disclosure in Public Procurement “A Comparative Study in EU and German Law” | ||||
مجلة البحوث الفقهية والقانونية | ||||
Articles in Press, Accepted Manuscript, Available Online from 12 April 2024 | ||||
Document Type: المقالة الأصلية | ||||
DOI: 10.21608/jlr.2024.279498.1419 | ||||
View on SCiNiTO | ||||
Author | ||||
محمد أبو بكر عبد المقصود Mohamed Abubakr عبد الهادي Abdelhadi | ||||
SULTAN QABOOS UNIVERSITY & Mansoura University | ||||
Abstract | ||||
Disclosure in Public Procurement “A Comparative Study in EU and German Law” Abstract The study addresses disclosure rules in the European Procurement Act 2014 and the German Federal Procurement Act 2016. The transparency requirements in public procurement set out in the EU Directives have different understandings in legal systems, and the level of transparency can therefore vary significantly between EU countries. At the same time, transparency rules affect the ability of economic actors to participate in the procurement process, as excessive disclosure of information can encourage bid rigging, which leads to corruption in state contracts. Therefore, the study will focus on the extent of application of EU rules in the German legal system by analysing the relevant laws and judicial applications in this regard, as well as analysing the rulings of the Court of Justice of the European Union on procurement and Directive 2014/24/EC. The importance of the study is highlighted in determining the extent to which disclosure rules in European Union public procurement are applied in German legislation, in addition to examining how to achieve a balance between transparency and freedom of competition. KEYWORDS: Transparency, Bid Rigging, Equality of Opportunity, Freedom of Competition, State contracts. | ||||
Keywords | ||||
Transparency; Bid Rigging; Equality of Opportunity; Freedom of Competition; State contracts | ||||
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