EU consultation submission: Revisiting the idea of the national oversight body
On this seventh entry I covered the idea that was floated back in the original draft for the 2014 procurement Directive of the creation of a single oversight body in each member State. I remember hearing some arguments about why that was dropped but honestly the details evade me at the moment. Anyway, I think that is an idea worth reconsidering.
- The Commission’s 2011 draft proposal for a procurement Directive included in Article 84 the creation of a single oversight body responsible for public procurement within each member State.
- The final text watered down this proposal and that is regrettable since procurement regulation is getting so complex that having a national body specifically tasked to oversee procurement makes perfect sense.
- While it is likely that the pushback faced then will be faced now again, there is a growing realisation that having specific national bodies are helpful in shaping the application in practice and enforcement of EU law.
- This, however, should be made in connection with a revision of the remedies system so that a network of national oversight bodies would integrate with it well.