Public Procurement Award Criteria in the EU Member States: A Comparative Case Study

My research project aims at comparing and contrasting the solutions provided by four national legal systems (Portugal, France, UK and Ireland) on the subject of public procurement award criteria.

My thesis will cover the following topics: the scope of the most economically advantageous tender; the linkage of the award criteria to the subject matter of the contract (permited v prohibited criteria); and the use of evaluation methodologies and their disclosure. Because I have the intention of investigating the topic not only from a strictly legal perspective, but also from a practical one, this involves doing empirical work (consisting mainly of research and analysis of contract notices, contract documents and award decisions).

The purposes of my research project are threefold:
(i) to show the variety of legal solutions and procurement practices regarding the same subject under a shared European framework;
(ii) to discuss the similarities and the differences considering, on the one hand, the apparent convergence brought about by the EC directives on public procurement and, on the other hand, the apparent divergence between the national implementation measures probably influenced by the legal family each system descends from; and
(iii) to allow the drawing of lessons learnt on the legislative, judiciary and administrative levels.

I am a current research student with the Public Procurement Research Group (PPRG) at the School of Law, University of Nottingham. I started my PhD in October 2009 under the joint supervision of Dr. Ping Wang and Professor David Fraser. I had secured a Law School scholarship for my research project, but later I was successful in obtaining funding from the Portuguese Governmental Research Funding Body (Fundação para a Ciência e Tecnologia).

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