Application of fundamental EU policy goals and Treaty principles across the spectrum of procurement legislation

The public procurement legal framework is established and organised hierarchically with a clear precedence of legal instruments

Review of all legal instruments related to public procurement. This includes laws, decrees, regulations and any other legal documents that pertain to public procurement. Analyse these legal documents to understand their hierarchy and relationships. Analyse how the legal framework is applied and whether any inconsistencies or conflicts emerge, in particular whether there are instances where secondary legislation conflicts with primary law.

The public procurement legal framework applies to all procurement (goods, works and services) financed from public funds

Review of legislation.

The public procurement legal framework applies to all public bodies

Review of legislation.

The public procurement legal framework applies to all sub-national governments and entities

Review of legislation.

The public procurement legal framework applies to all utility companies with special or exclusive rights

Review of legislation.

Procurement value awarded through special legislation or international agreements (that deviate from the principles of non-discrimination, transparency and competition) (%)

Verify if any specialised legislation or international agreements that govern procurement of specific projects (i.e., major infrastructure projects such as motorways, bridges, metro) or procurement by entities operating in specific sectors undermine or override public procurement principles of non-discrimination, transparency and competition. Calculate the procurement value that has been awarded through special legislation or international agreements, divide it by the total procurement value and express it as a percentage. Points are allocated based on the percentage of the procurement value that has been awarded through special legislation or international agreements (x): • x > 10% = 0 points. • 10% ≥ x > 0% = linear function. • x = 0% = 20 points.

Competitive procedures are the standard method for conducting procurement

Review of legislation.

Exceptions to competitive procedures are defined and limited to exceptional circumstances and require appropriate justification when used

Review of legislation to identify provisions related to exceptions to competitive procedures. Exceptional circumstances allowing the use of non-competitive procedures include extreme urgencies due to unforeseeable events and contracts that may be executed only by one particular economic operator for technical or artistic reasons, or connected to the protection of exclusive rights, etc.

Subdividing procurement to avoid competitive rules is prohibited

Review of legislation.

The legal framework ensures there are no direct or indirect barriers or discriminatory conditions to participation in the public procurement market

Review of legislation. Direct or indirect barriers exist if contracting authorities are allowed to impose conditions causing direct or indirect discrimination against potential tenderers, such as preferential treatment, the requirement that undertakings interested in the contract must be established in the same country or region as the contracting authority and similar.