Challenges for consolidation and effectiveness of the increase in competitive attendance enabled by the use of electronic means in public procurement.

• Autores: Alfonso Sánchez García
• Localización: European review of digital administration & law, ISSN-e 2724-5969, Vol. 4, Nº. 2, 2023, págs. 127-146
• Idioma: varios idiomas
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• Resumen

  • This paper explores the impact of Information and Communication Technology (ICT) on enhancing competitive bidding within both national and European public procurement frameworks. The European Union’s directive-driven push towards a unified public procurement market has historically centered on eradicating barriers and promoting economic efficiency through transparency and strategic procurement planning. Key legislative changes, particularly through Directives 2004/18/EC and 2014/24/EU, have set foundational standards aiming to harmonize procurement practices across member states, enhancing transparency and efficiency while tackling systemic corruption.

    However, the actualization of ICT’s potential in public procurement processes to foster a genuinely competitive market has faced substantial challenges. Despite regulatory frameworks encouraging the digitization of public procurement, empirical data suggests that the expected surge in cross-border participation and the dismantling of entry barriers for SMEs and international bidders have not materialized as anticipated. The study discusses the theoretical and practical disconnects that inhibit the seamless integration of ICT in procurement processes, such as security concerns, the digital divide between different regions and economic operators, and the complexity of legal and administrative frameworks.

    Ultimately, the article aims to help elucidate some of the causes behind the limitations that appear to arise when electronic public procurement systems genuinely promote the enhancement of internal and European competition in the public procurement markets of Member States more significantly, as well as the possible actions that could overcome these limitations