Public procurement in the European Union: transparent and fair? An evaluation of the effectiveness of Directives 2014/23, 2014/24 and 2014/25 on indicators of transparency and corruption

by Koen Oosthoek,

Ever since the signing of the Treaty of Rome in 1957, the European Union has aimed to increase transparency and decrease corruption in procurement by several directives and policies. In this study, we will assess whether the transposition of Directives 2014/23, 2014/24 and 2014/25 has led to more transparency and less corruption in public procurement. We measure transparency through the presence of key information fields in tender notices, while corruption is measured through the risk indicator of single bidding. We first regress eight indicators of transparency on single bidding in eight different binary logistic models. Here we find that a ratio indicator of transparency, in which the share of key missing information fields on the tender notice level is calculated, shows the highest effect on single bidding. Using this ratio transparency indicator, we observe no clear increase of transparency after the transposition of the directives. Likewise, our models do not provide support for a decrease of single bidding after the transposition of the directives. We find that the leeway the generic nature of the 2014 Directives provide may decrease the level of previously well-established procurement laws and norms in specific countries. We recommend increasing the monitoring and enforcement power of the Union to ensure proper compliance. We also propose to implement a Unionwide tender data repository and platform to foster research and open competition in tenders.

published in Vol 20 - No 2 - 2020 // General issue
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Advisory Board

  • Alina Mungiu-Pippidi (chair) Hertie School of Governance
  • Larry Diamond Stanford University
  • Tom Gallagher University of Bradford
  • Alena Ledeneva University College London
  • Michael McFaul Stanford University
  • Dennis Deletant Georgetown University
  • Helen Wallace London School of Economics and Political Science

Editorial Board

  • Claudiu Tufiș
  • Bogdan Iancu
  • George Jiglau
  • Ingi Iusmen
  • Gabriel Bădescu
  • Andrei Macsut
  • Laura Voinea

Published by:

Societatea Academica Romana