ABSTRACT

This chapter explores whether opportunities for fraud and corruption might be reduced or increased by rules governing public procurement. It focuses on specific European legislation - Procurement Directive 2004/18 on the coordination of procedures for the award of contracts for public works, public supply and public services by public bodies within all EU Member States - however similar issues would arise in other jurisdictions. The value of making a scan of issues related to Directive 2004/18 is that it offers an opportunity to take a broad view of fraud risks in public procurement. It is understood that internal "crime proofing" work on Directive 2004/18 by the European Commission focused mainly on this stage and, most specifically, on the question of whether particular tenderers may have past criminal involvements and, if so, how that may be established.