Transparency in public procurement: a study of the European Union directive for public works, supply and services contracts Online publication date: Thu, 31-Jul-2014
by Adekunle Sabitu Oyegoke
International Journal of Business Excellence (IJBEX), Vol. 5, No. 3, 2012
Abstract: Corruption in construction contracts is becoming widespread due to lack of transparency in procurement and project delivery process. The aim of this paper is to examine the level of transparency in the EU directive for public works contracts 2004/18/EC. The study is carried out through a literature review, a content analysis of the Directive 2004/18/EC and case law from the European Court of Justice (ECJ). The types of enforcements allowed for by the Directive and those used by the Office of Fair Trading (OFT) are also examined. The paper concludes that there are a number of articles that encourage transparency and those that impede transparency through legal restrictions/exclusions. The directive addressed the procurement procedure superficially which leads to a raft of problems in implementation stage. The research is limited to Directive 2004/18/EC. The paper will increase client's awareness on transparency and some problems associated with implementation stage through case law.
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