The Basis of Legal Regulation of Public Procurement in the West African Economic and Monetary Union (Uemoa)

Abstract

The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant impact on the formation of directives — the Regional program for improving the efficiency of public procurement and the UEMOA Code on transparency in public finance management. The principles of legal regulation of public procurement in the UEMOA are revealed: the principle of cost — effectiveness and efficiency of procurement; the principle of free access to the public procurement market; the principle of equal treatment of candidates and mutual recognition; the principle of transparency, rationality, modernity of procurement procedures and the possibility of tracking them; the principle of non-discrimination on the basis of nationality in relation to enterprises of the UEMOA member states and the principle of non-violation of competition when transferring a state contract to subcontracting; de minimis principle. A brief description of the procedures for awarding public contracts established in this organization, namely tender (there are several varieties of tender, the main of which are open and closed) and procurement from a single supplier. Some aspects of the legal regulation of public procurement in UEMOA are compared with other integration associations, in particular with the European Union and the Common market of South America (MERCOSUR).