Legal Foundations of European Union Laws on Public Procurement

Abstract

Public contracts – also referred to as government procurement or public purchase – are contracts for pecuniary interest concluded in writing between one or more economic operators and one or more authorities and having as their object the execution of works, the supply of products or the provision of services. As the State itself acquires these goods, services or works on markets, it shall be ensured that these purchases do not distort competition between the (potentially) participating undertakings. Within market economies, proper competition – supply and demand of a certain good or service within a relevant market and at a specific time – needs to be ensured, thus, it also addresses the demand of authorities, which is expressed in the provisions of the award of contracts.Present essay will introduce to the provisions of EU primary legislation governing public procurement and contextualise these norms with relevant secondary legislation to explain the aim of common provisions on public procurement.