The EU’s public sector directive 2014/24 EU : an analysis of the transposition of the directive into Maltese law in selected procurement areas

Abstract

In this thesis a sequence of how public procurement in the EU evolved is outlined and an overview of the key legal instruments that the EU has established to implement public procurement is given. In this work an attempt has been made to study and examine the new public procurement regime with special reference to Directive 2014/24/EU. This study was mainly focused on different selected areas of the public procurement process. Directive 2014/24/EU has come into force specifically to reduce administrative burdens, increase efficiency through the use e-procurement systems, address societal challenges and promote a culture of fair play and integrity. The Award of contracts no longer depend on price alone but a holistic approach is being envisaged by the introduction of new tendering procedures. Life cycle costings and green public procurement are now considered as key policy instruments for sustainable development. An evaluation is made on the effectiveness of Directive 2014/24 EU. An analysis whether the Maltese legislator has fulfilled its obligations vis a vis the Directive or otherwise and whether the transposition goes beyond the requirements set out in the Directive is made. The Public Procurement Regulations, unlike the Directive, also regulate the so called departmental tenders which fall below the EU thresholds. A very short and brief description of the rules governing below threshold tenders is also submitted. Questions are raised and tentative answers are given to establish if Directive 2014/24 has resulted in reformation or deformation of the mechanisms regulating the procurement process. An assessment is made to establish whether the transposition of the Directive in Maltese legislation was faithfully implemented and in conformity with EU Treaty principles and regulatory frameworks.