The New European Approach to the Regulation of Public Procurement (13 Nov 2014)


The New European Approach to the Regulation of Public Procurement

Professor Peter Kunzlik
Head of Department of Law, University of East Anglia

Thursday, 13 November 2014
12:30 – 1:30 pm
New Venue: Room 723, 7/F Cheng Yu Tung Tower
The University of Hong Kong

The award of major contracts by public bodies in Europe has long been subject to regulation by the European Union. Such regulation has sought to create an EU-wide market for public contracts and to ensure a ‘level playing field’ for contractors regardless of the Member State in which they are based. Over time the scope of the regulatory regime has broadened and its effect has intensified. However, the package of EU public procurement directives adopted in 2014, now marks a new point of departure: under the Europe 2020 Strategy public procurement is now seen as a key instrument of EU economic and industrial policy and the new directives have been shaped with that in view. Professor Kunzlik’s Lecture will explain this, and other, fundamental changes in the EU regime and speculate upon their possible implications.

Peter Kunzlik joined the University of East Anglia in September 2013. He began his academic career as a Fellow and Lecturer in Law at St John’s College, Cambridge and prior to joining the University of East Anglia was Dean of the City Law School and Pro Vice Chancellor of City University London. Before that he was the Dean of the Nottingham Law School, Nottingham Trent University. He is an Honorary Professor at the University of Nottingham and has been a visiting Professor at the University of Sydney. His professional experience has been varied. He has practised as both a barrister and a solicitor and was the founding partner of the European practice and Brussels office of a major law firm. He is now a non-practising barrister. He has been a Consultant to the Organisation of Economic Co-operation and Development on aspects of public procurement law. At the invitation Ms Heide Rühle, Member of the European Parliament (Rapporteur to the European Parliament’s 2010 Report on New Developments in Public Procurement) he gave one of the two key note presentations to the European Parliament’s policy forum on ‘Pursuing Sustainable Development through Public Procurement’ in 2011 as part of the Parliament’s review of EU public procurement legislation. In 2012 he was appointed as an expert commentator on EU public procurement law by the Swedish Government’s Public Inquiry into procurement law, whose report accepted his analysis of the controversial question as to the extent to which the law permitted public purchasers to require environmentally highly performing goods, works and services. He has undertaken research contracts for the European Commission, the Crown Prosecution Service and British Nuclear Fuel PLC. His published research has been in the fields of Public Procurement Law, Environmental Law, and the Legal Profession.