Simplification by introducing smarter submitting and supplementing rules

Martin Burgi and Caroline Schulte Oestrich

Chapter 7 in Reforming EU Public Procurement, 2026, pp 84-102 from Edward Elgar Publishing

Abstract: The submitting and supplementing rules of Directive 2014/24/EU (and the other two directives) are very strict and exclusively committed to the objectives of equal treatment, transparency, and competition. The combination of these provisions with the national implementations of the Member States has resulted in an unnecessarily complex regulatory framework. A reform of the submitting and supplementing rules should seek to address these shortcomings. The fundamental objective of such a reform would be to establish more flexible and precise rules regarding the means of proof for the selection criteria, the absence of exclusion grounds, and the contract award criteria. Moreover, an expansion and specification of Article 56(3) of Directive 2014/24/EU should be undertaken. Ultimately, the consolidation and clarification of the principle of proportionality as outlined in Article 18(1) of Directive 2014/24/EU would represent a pivotal aspect of such a reform. This would constitute an important step in the broader objective of reducing bureaucracy at the EU level.

Keywords: Efficiency; Flexibility; Means of proof; Proportionality; Rectification; Simplification (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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