Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningfagfællebedømt

Provision on framework agreements has been introduced into European Union Law (EU) in 2004. Since then framework agreements have gained popularity and importance on the European Union (EU) public tender market. Nevertheless, the use of frameworks poses significant legal challenges necessitating the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis, a small scale comparative law research and field research based on qualitative research by the means of semi-structured interviews.
TidsskriftJournal of Public Procurement
Udgave nummer4
Sider (fra-til)505-527
Antal sider23
StatusUdgivet - 1 aug. 2016

ID: 166554584