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Public Procurement
E.U. Law and World Trade Organization
Maria Ath. Alexopoulou
Judge, Dr.
Abstract:
94/800/E.C. Council Directive ratified theWorld Trade Organization
(W.T.O.) Agreements, wherein Government Procurement Agreement (G.P.A.,
regulatingprocurementofgoods,provisionofservicesandconstructionservices)
is included. G.P.A. effectively broadens the notion of awarding authority with
reference to the Union equivalent. In particular, the Union factor determinative
of awarding authorities is government control or influence over the entity’s
covered procurement which causes the threat of national bias or generally the
award of contracts on the basis of non-financial criteria. This factor is inferred
when government nominates the entity’s managers or funds it. The G.P.A. factor
determinative of awarding authorities is the “agency relationship”: awarding
authority is also the entity which does not publish bid announcements and
requests for proposals of its own accord or concludes contracts with successful
bidders on its own behalf. “Administrative mandate” is well known in member
states legal orders. Subsequently, a question arises: whether those provisions
may contribute to determining E.U. public procurement law scope.
ISBN 978-960-562-662-4
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