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![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](https://image.slidesharecdn.com/kclcel29novbrexitseriesasg-161130094535/85/British-Procurement-Reform-as-Utopia-2-320.jpg?cb=1480499215)
Uploaded byAlbert Sanchez Graells
[British] Procurement Reform as Utopia?
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.
Law◦
[British] Procurement Reform as Utopia?
- 1. The Impact ofBrexit 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. Focus of myRemarks • [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. What can belost 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. What is likelyto 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. What coordination canwe 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. In the longerrun, 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. Further reading Future Shapeof Procurement Law in Britain & Beyond 7 29 November 2016
- 8. Thank you foryour 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