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Public Procurement Law: Key Developments

Published on January 22, 2025 at 8:45 AM on economie.gouv.fr

Introduction

The public procurement sector has undergone significant changes in recent years. These changes aim to improve the efficiency, transparency, and fairness of public procurement processes. The following article provides an overview of the key developments in public procurement law.

Electronic Procurement

Electronic procurement has become increasingly prevalent in recent years. This refers to the use of electronic means to conduct public procurement procedures. It has many benefits, including:

  • Increased efficiency and cost savings
  • Improved transparency and accountability
  • Increased competition and innovation

The use of electronic procurement is encouraged by law in many jurisdictions. Governments are also increasingly implementing electronic procurement platforms to facilitate the process for both buyers and suppliers.

Sustainability Criteria

Sustainability has become an increasingly important consideration in public procurement. Governments are now required to incorporate sustainability criteria into their procurement decisions. This may include factors such as:

  • Environmental performance
  • Social responsibility
  • Economic viability

By incorporating sustainability criteria, governments can use public procurement to promote sustainable practices and reduce their environmental impact.

Social Procurement

Social procurement refers to the use of public procurement to achieve social objectives. This may include factors such as:

  • Creating employment opportunities
  • Supporting businesses owned by disadvantaged groups
  • Investing in community development

Social procurement is gaining popularity as governments recognize its potential to address social issues and create positive outcomes for their communities.

Transparency and Accountability

Transparency and accountability are essential principles of public procurement law. Governments are required to provide public access to information about their procurement activities. This may include:

  • Procurement plans
  • Contract awards
  • Performance reports

Transparency promotes trust and accountability in the public procurement process. It also helps to detect and prevent corruption.

Enforcement

Enforcement is an important aspect of public procurement law. Governments have various mechanisms in place to enforce compliance with the law. This may include:

  • Administrative sanctions
  • Contractual remedies
  • Legal proceedings

Effective enforcement is necessary to ensure that public procurement laws are followed and that public procurement activities are conducted in a fair and transparent manner.

Conclusion

The public procurement sector is constantly evolving. The key developments outlined in this article are just a few examples of the changes that have been made in recent years. These changes are aimed at improving the efficiency, transparency, and fairness of public procurement processes. They also reflect the growing importance of sustainability and social responsibility in public procurement. As the public procurement sector continues to evolve, it is important for both buyers and suppliers to stay up-to-date on the latest developments in the law.


Droit des marchés publics : les principales évolutions

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