Η ουσιαστική διαφάνεια στις δημόσιες συμβάσεις και οι πληροφοριοδότες (whistleblowers) ως μέσο επίτευξης της στο πεδίο των δημοσίων συμβάσεων

Abstract

This paper attempts in part A to analyse the new requirements (desiderada) of public procurement which include effective transparency along with competition. Until Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, the competition-centric approach to public procurement in the European Union was dominant. But public procurement now serves broader aspects of public interest, which can only be achieved through the integrity, transparency and lack of conflict of interest that effective transparency stands for. In this context, the conceptual delineation of substantive transparency in relation to formal transparency and the emergence of a modern principle of legality based on the legitimacy of ethical rules are analysed. The international, European and national shift towards effective transparency is then analysed and the articles of Law no. 4412/2016 on public procurement that establish the definitive incorporation of provisions of effective transparency (substractives, probabilistics , rebuttable presumptions) in hard law are also analysed. Part B analyses the institutional framework of the Directive no. 1937/2019 of EU for whistleblowers, the need for the incorporation of the Directive in the Greek legal order is demonstrated, the points to be considered during the incorporation and the absolute connection of the protection of whistleblowers with the proper execution of public contracts and the fight against corruption. The coherent institutional framework of the reporting and whistleblower protection system in the public and private sectors contributes to the prevention and detection of corruption and other illegal or abusive practices, especially with regard to public procurement cartels.