The legal framework for public procurement includes:
EC Treaty obligations
The EC Treaty applies to all procurement activity regardless of value, including contracts below the thresholds at which EU advertising is required and including contracts which are exempt from application of the EU Procurement Directive. more
EC Procurement Directives and implementing Scottish Regulations
EU Procurement Directives 2004/17/EC and 2004/18/EC set out detailed procedural rules which are based on the principles outlined in the EC Treaty the single market by harmonising procedures for higher value contracts, ensuring that they are advertised in the EU Official Journal in standard format. more
European Court of Justice and national caselaw
Decisions of the European Court of Justice and the national courts provide interpretation of the requirements of the EC Treaty and the EU Procurement Directives and can establish precedents which must be observed. more