WP04 - Transversal legal work

Objectives and approach

Determine and specify the legal issues related with European dissemination of the regional market place service. The legal issue of the Procure project has two dimensions:

1. Ensuring that the service meets the legal requirements originated by the community legal framework of public markets
2. Determining adapted legal structures for launching deployments.

The legal work will be deepened specifically for the pilots’ Member States in the corresponding work packages.

Results

Work package 4 will result in four main conclusions:

1. The legal gap between the existing service and the applicable Directive 2004/18/CE and the specifications for adjustments
2. A legal appraisal of the pilot States with regards to electronic tendering (and e-ordering in France)
3. Validate the consistency of the standard service and identify, if ever, the deviations.
4. Recommended functional scenarios for the solution in order to integrate the maximum flexibility to match the specificities of transposition in national laws
5. General recommendation for project optimal legal structuring and detailed proposals for the 5 pilot projects.

Deliverables

Work package 3 will lead to the issuance of the following deliverables:

• D4.1 – Specifications of adaptations to the existing service to comply with Directive 2004/18/EC
• D4.2 – Effects of national laws in Spain, Czech Republic and France on the service and functional scenarios for the solution
• D4.3 – Recommendations for project optimal legal organization

Dependencies

Work package 4 begins at Procure project start date. Work package 4 has no direct dependency. WP3 depends on this WP as it is a prerequisite of the T3.4.

Phase 2 depends on this WP as it produces recommendations in terms of legal structure of the owning organization of each one of the five pilot deployments.

Contribution to the project objectives

Work package 4 constitutes the legal side of the Procure project. As detailed above, the legal aspects of the project are multiple and very sensitive to market appraisal. In addition, the work package 4 contributes to the preparation of the pilot deployments by setting all the legal issues at stake.