Stretching the Proportionality Principle:How Dutch Law Facilitates the Participation of SMEs in Public Procurement
One of the objectives of Directive 2014/24/EU is to facilitate the participation of SMEs in public procurement. Although the realisation of this objective very much depends on the decisions taken by contracting authorities when designing their procurement procedures, the provisions of the Directive offer them little guidance in that regard. This article explains how the Dutch legislator has tried to fill that gap by means of a Proportionality Guide based on the Dutch Public Procurement Act. The Guide provides contracting authorities with best practices and rules explaining how to act in a prop... Mehr ...
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Dokumenttyp: | Artikel |
Erscheinungsdatum: | 2022 |
Reihe/Periodikum: | Jansen , C 2022 , ' Stretching the Proportionality Principle : How Dutch Law Facilitates the Participation of SMEs in Public Procurement ' , Public Procurement Law Review , vol. 2022 , no. 4 , pp. 214-238 . |
Schlagwörter: | EU law / Netherlands / Proportionality / Public procurement / Small and medium-sized enterprises / /dk/atira/pure/keywords/vu_research_profiles/governance_for_society / name=Governance for Society / /dk/atira/pure/sustainabledevelopmentgoals/peace_justice_and_strong_institutions / name=SDG 16 - Peace / Justice and Strong Institutions |
Sprache: | Englisch |
Permalink: | https://search.fid-benelux.de/Record/base-27231152 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://research.vu.nl/en/publications/53769617-8a8a-4c75-b341-168a9d0e133a |
One of the objectives of Directive 2014/24/EU is to facilitate the participation of SMEs in public procurement. Although the realisation of this objective very much depends on the decisions taken by contracting authorities when designing their procurement procedures, the provisions of the Directive offer them little guidance in that regard. This article explains how the Dutch legislator has tried to fill that gap by means of a Proportionality Guide based on the Dutch Public Procurement Act. The Guide provides contracting authorities with best practices and rules explaining how to act in a proportionate manner when deciding on important topics such as time limits, selection criteria, contract terms and conditions, aggregation of contracts, and the type of procurement procedure to apply. This article argues that, in doing so, both the Act and the Guide give a (too) broad interpretation to the proportionality principle. Although this interpretation raises questions from an EU law perspective, it is submitted that it does not conflict with EU law, nor does it lead to significant problems in Dutch procurement practice.