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The Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part I

DOI https://doi.org/10.21552/epppl/2019/1/7

Raquel Carvalho


Portugal has been leading the way in the implementation of e-procurement within the European Union. This paper, presented in two Parts, starts, in this Part I, by explaining the framework of e-procurement, describing the Portuguese experience regarding the use of electronic platforms based on factual data assembled by the Portuguese regulatory body. Part II describes the legal regime imposed by the European Union Law thoroughly, particularly by article 22 of Directive 2014/24/EU, which is contained in a specific ruling as it has occurred before the full 2014 Directives transposition. To provide the full picture of e-procurement in Portugal, the paper also explains the projected intention of the Directive transposition and the actual legal ruling enshrined in the Public Contracts Code (PCC).
Keywords: e-Procurement; Directive 2014/24/EU Implementation

Associate Professor – Universidade Católica Portuguesa, CEID – Centro de Estudos e Investigação em Direito, Faculdade de Direito – Escola do Porto, Rua Diogo Botelho, 1327, 4169-005, Porto, Portugal. For correspondence: <mailto:rmcarvalho@porto.ucp.pt>.This paper is financially supported by national funds through FCT – Foundation for Science and Technology, IP, within Project UID/DIR/04859/2013. It was partially presented at Reform of the public procurement law - iii. Strategic procurement, Poland, in September 2014. Since, at the time, the Directive transposition had not yet occurred in Portugal, the present text has been updated with new data and the analysis of the legal provisions that have come into force since 2014.The Portuguese Public Contracts Code can be retrieved at <https://dre.pt/application/file/a/108085917> (in Portuguese only). The PCC provisions mentioned in this Part I refer to the version prior to the 2017 Reform.

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