Conclusions

Abstract

This book has made a theoretical attempt to justify the conclusion that the application of transparency as a main principle in public procurement legislation is not and could not be a panacea against corrupt incentives in the sector. The work has focused on three Member States which are distinct in their procurement systems and approaches towards corruption, by individually investigating and contrasting their transparency rules, public procurement participants, habitual schemes and manifestations of corruption, and how they combat them nationally. The types of infringements involving corrupt schemes typical at the various award phases have been analysed in detail while their relationship to violations of the transparency principle were separately reviewed. The control and appellate authoritysystems in Bulgaria, Germany and Austria have also been discussed to expose their weaknesses and the instruments which fail to yield positive results, and vice versa – to emphasise the prudent practices. The work compared the Bulgarian public spending model, as an example of Member States as yet unable to resolve the issue of the widespread corruption, and those of the two other Member States. The anticorruption policy practice in Germany and Austria is examined in detail from the perspective of adherence to the transparency principle and the use of other mechanisms to curb corruption, and the extent to which these practices could be applied in other countries.

‘For the one who sows to his own flesh

will from the flesh reap corruption,

but the one who sows to the Spirit

will from the Spirit reap eternal life.’

(Galatians 6:8)