Addressing Conflicts of Interest in Public Procurement – a Cross-country analysis 2025 no 3-4 p. 93

Public procurement is a process through which public funds are managed, and as such, it is one of the most sensitive and exposed administrative processes to conflict of interest situations. The level of sensitivity in these procedures is significantly increased due to difficulties in identifying conflicts of interest in real-time, and second, due to challenges in accurately interpreting conflicts of interest in public procurement procedures.

The interpretation of conflicts of interest has been addressed in numerous judgments of the Court of Justice of the European Union (CJEU), and countries have progressively refined their respective regulatory frameworks based on these judgments. The definition of conflicts of interest in public procurement, introduced in 2014, has since been further expanded. In light of the repayment obligations arising from conflicts of interest during the auditing of EU funds, this issue has gained particular significance, especially for developing CEE countries and Austria.

This paper undertakes an examination of the current practices in eleven countries, analyzing the approaches adopted by national legislators and identifying the interpretative and enforcement challenges encountered by stakeholders within the respective country.

Reida Kashta, Tünde Tátrai

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Volym: 3-4
Sida: 93
År: 2025