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[British] Procurement Reform as Utopia?

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These are my remarks at the seminar on Brexit and public procurement held by the Centre of European Law of King's College London on 29 November 2016, to which I was invited by Michael Bowsher QC and Prof Andrea Biondi.

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[British] Procurement Reform as Utopia?

  1. 1. The Impact of Brexit on Business in European Public Sector Markets; the Future Shape of Procurement Law in Britain and Beyond Dr Albert Sanchez-Graells Senior Lecturer in Law & Member of the European Commission Stakeholder Expert Group (2015/18) KCL CEL, London, 29 November 2016 29 November 2016 1Future Shape of Procurement Law in Britain & Beyond
  2. 2. Focus of my Remarks • [British] procurement reform as utopia? • What can be lost in a ‘Very British Model’? • What is likely to happen w PCR2015 post-Brexit? • What coordination can we expect / should exist between UK (Eng) & EU law post-Brexit? • In the longer run, how can / should public procurement law be reformed? Future Shape of Procurement Law in Britain & Beyond 2 29 November 2016
  3. 3. What can be lost in a ‘Very British Model’?* • Incentives for cross-border tendering (ie impact on import / export and change of value chains) • Reduced scope for cross-border collaboration, which is an emerging trend (w EU & beyond) • Difficulties in the negotiation of international agreements (GPA) and in securing international funding for (large infrastructure) projects * Borrowed from Sarah Hannaford QC 3 29 November 2016
  4. 4. What is likely to happen with the Public Contracts Regulations 2015 post-Brexit? • Who knows – really • Short of repeal, immediate significant change is unlikely & substitution not on top of priorities • PCR2015 likely to remain in books after Brexit • Maybe w exclusion of remedies (as per Arrowsmith) • Maybe w minor reform to deactivate some restrictions (‘Swiss cheese’ regulatory reform) Future Shape of Procurement Law in Britain & Beyond 4 29 November 2016
  5. 5. What coordination can we expect / should exist between UK (Eng) & EU law post-Brexit? • Formally, highly dependent on model of Brexit • Substantively, more dependent on structure of enforcement (ie ‘no remedies, no coordination’) • Ideally, substantive coordination should remain a feature of the future system Future Shape of Procurement Law in Britain & Beyond 5 29 November 2016
  6. 6. In the longer run, how can / should public procurement law be reformed? • To address common criticisms / constraints • Potential of 2014 EU rules is unexploited & not many aspects require (major) regulatory reform • Need to invest heavily on • eProcurement • Upgrading public sector skillset • Effective public enforcement Future Shape of Procurement Law in Britain & Beyond 6 29 November 2016
  7. 7. Further reading Future Shape of Procurement Law in Britain & Beyond 7 29 November 2016
  8. 8. Thank you for your attention Be in touch a.sanchez-graells@bristol.ac.uk www.howtocrackanut.com @asanchezgraells Future Shape of Procurement Law in Britain & Beyond 8 29 November 2016

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