The EU public procurement regime and its transposition in Maltese law : a critical analysis in the light of current development

Abstract

This thesis will critically analyse the European Union's Public Procurement regime with special reference being made to the manner by which the relevant community instruments are transposed into Maltese law in the light of ongoing developments. Whilst doing so, discussing the applicable directives as well as their application in practice by the CJEU and, in Malta, by the Department of Contracts and the Public Contracts Review Board was inevitable. The directives currently being proposed will also be referred to, examining how and whether these will affect the present legal framework. Following an in depth study of the present situation in the public procurement field, as well as the proposed reforms/amendments, the author will discuss whether the transposition of the EU regime into Maltese law was correct or otherwise. An attempt at providing recommendations for a better application of the system, particularly at a national level, will then be made.