Applying the Unfair Contract Terms Directive to Public Contracts journal article Carri Ginter, Mari Kelve-Liivsoo European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 65 - 72 Extending the effects of the unfair contract terms rules to public contracts produces unwanted side-effects. What is otherwise a level playing field in procurement, gets distorted by rules originally meant to protect consumers. Effectiveness of safeguards surrounding the process of procurement providing for equal opportunities and transparency is adversely affected if the balance of the contract can later significantly shift by applying private law apparatus and removing provisions from the concluded contracts. Keywords: standard terms; public procurement; procurement contract; public contract; invalidity; transparency; EU law; internal market; contract law; equal treatment; level playing field; consumer law; unfair contract terms
Estimated Value vs Final Contract Value in Works Public Procurement – What Causes the Discrepancy? Marko Turudić, Melko Dragojević