根据2014/24/EU指令和COVID-19流行病的极其紧急的公共采购
1Copenhagen Business School, Frederiksberg, Denmark.
概括
欧盟的公共采购法允许在危机时提供灵活性,但对紧急合同有严格的规则. 随着COVID-19的流行,人们对这些规则的解释变得更加狭,尤其是对于不可预见的事件.
科学领域:
- 公共采购法 公共采购法
- 欧盟法律 欧盟法律
- 危机管理 危机管理
背景情况:
- COVID-19大流行严重影响了欧盟成员国的运营,包括公共采购.
- 在现有的采购框架内,成员国在应对病毒快速传播方面面临着挑战.
研究的目的:
- 评估欧盟应对危机情况的公共采购法律框架的范围和解释.
- 分析COVID-19大流行期间根据2014/24/EU指令对极端紧急情况的规则的应用.
主要方法:
- 分析2014/24/EU指令第32条第2款第2款第 (c) 款.
- 审查欧盟法院 (CJEU) 相关判例.
- 审查欧盟委员会关于大流行期间公共采购的指导方针.
主要成果:
- 该框架允许灵活性,但由于极端紧迫性,严格界定了在没有竞争的情况下签订合同的边界.
- 由于不可预见性和紧急性标准不归功于采购机构,因此在应用第32条 (二) (c) 款时存在困难.
- 欧盟委员会将流行病解释为单一不可预见的事件被认为是对第32条 (二) 款 (c) 款的理由进行过广泛的解读.
结论:
- 对于非常紧急的采购,现有的规则基本上足以应对危机.
- 然而,在没有事先通知的情况下使用谈判程序的条件是严格的,即使在COVID-19等危机期间,也不总是满足.
- 在疫情期间,在没有事先通知的情况下使用谈判程序的批发使用并不一定是合法的.
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