Phedon Nicolaides, Sarah Schoenmaekers

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 1, Page 50 - 69

In January 2014, the European Parliament has approved the new legislative package on Public Procurement. The new regime is expected to be more accessible for SMEs, less complex andmore flexible. The increased flexibility which gives rise to greater discretion to Contracting Authorities, specifically in the light of the new competitive negotiated procedure, may however create a greater risk of favouritism. However, when public authorities purchase supplies, services or

Phedon Nicolaides, Ioana Eleonora Rusu

European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 1, Page 5 - 29

I. Introduction This paper is motivated by the observation that in some cases, the competitive selection of undertakings carried out according to procedures of EU public procurement directives is deemed not to involve State aid, while in some other apparently similar cases, competitive selection does involve State aid. A substantial literature has examined the relationship between public procurement rules and State aid rules.1 The literature analyses