Questions on PP directives

 1. Where would you see advantages and disadvantages in public procurement rules enacted at the EU level in the form of a directive(s) or a regulation(s), respectively?

Advantages
Disadavantages
Directive (s)


Regulation (s)



2. Do you see a need for a separate legal act for utilities and concessions?

3. Generally speaking, is the different scope of application of Directives 2014/23/EU, Directives 2014/24/EU and Directives 2014/25/EU clear and well understood in the practice of contracting authorities and entities?

4. What are the gaps in the current legal framework that could be filled in by the revision or which aspects need further harmonisation??

5. Where do you see possible room for simplification of rules without undermining the legal certainty?

6. Is the assessment of exclusion and selection criteria (incl. self-cleaning) centralised (i.a., imposed by national legislature or advised by central bodies) or decentralized (i.a., done by contracting authorities/contracting Entities on a case-by-case basis)? Is the choice having an impact on the litigation (number of cases, potentially conflicting decisions etc)?

7. Are optional exclusion criteria (Article 57(4) of Directive 2014/24/EU) widely/often/seldom/never used by contracting authorities? How difficult is it for them to lawfully exclude a tenderer based on requirements such as ‘appropriate means’ or ‘sufficiently plausible indications’?

8. What are the legal issues that contracting authorities/entities face when assessing aspects leading to possible distortion of competition (i.a., abnormally law offers, participation of third country bidders, reliance on subcontractors, etc.), particularly in situations where national law mandates MEAT?? Where do you see any possibilities for improvement?

9. What are the legal issues that have already arisen before your court or review body, or do you foresee in the future, in relation to the sectoral pieces of legislation regulating public procurement, including the Batteries Regulation, Construction Products Regulation, Ecodesign Regulation, Energy efficiency Directive, Net-zero Industry Act, Minimum Wage Directive, Deforestation Regulation, Clean Vehicles Directive, Corporate Sustainability Due Diligence Directive, International Procurement Instrument and the Heavy Duty Vehicles Regulation? In other words, which provisions in these pieces of sectoral legislation are problematic in your proceedings, and where are the possible inconsistencies with the Public Procurement Directives noted or foreseen?

10. Any other input and suggestions with a view to a possible revision of the directives?