 Modification of directives and contract modificationsPiotr Bogdanowicz Chapter 17 in Reforming EU Public Procurement, 2026, pp 253-265 from Edward Elgar Publishing Abstract: This chapter revisits Article 72 of Directive 2014/24/EU, which for the first time codified contract modification rules in EU public procurement law. Although this provision is generally positively assessed for its clarity and flexibility, several issues remain unresolved. In particular these are: (1) unclear notion of a contract's overall nature – the directive lacks a clear definition of what constitutes a change in the “overall nature” of a contract, leading to significant interpretational challenges; (2) limited information obligations – currently, the directive requires publishing notices only for certain modifications; (3) concept of substantial modification – Article 72(4) lacks clarity on what constitutes a substantial modification; (4) replacement of economic operators – Article 72(1)(d) allows for contract modification without a new procurement procedure under specific conditions, yet some provisions lack clarity. Overall, the paper argues for targeted reforms to Article 72, emphasising the need for clearer definitions and increased transparency to enhance the effectiveness of contract modifications. Keywords: Contract; Modification; EU law; Simplification; Clarification; Reform (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24876_17 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
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