ABSTRACT
The implementation of public procurement Directives by Member States through the enactment of national legislation or the employment of administrative practices has been subject to a double regime of judicial control at Community and at national levels. The centralised and decentralised judicial control of public procurement law has also revealed the formulation of two patterns which address the impact of public procurement legislation on the demand and supply sides. The European Commission has an important role to play in ensuring that the public procurement rules are enforced, and positively encourages complaints from aggrieved firms. The main argument in favour of setting aside a public contract is the confidence in the legal system in observing and enforcing Community procurement law. The decentralised judicial control in public procurement cases has revealed the perpetuation by some Member States of preferential and discriminatory procurement as the major persisting obstacle to public market integration in the European Community.
