Treaty On the Functioning of the European Union

Content about Treaty On The Functioning Of The European Union from the publication “The ABC of European Union law” (2010, European Union) by Klaus-Dieter Borchardt.

The Treaty on the Functioning of the European Union (‘TFEU’) has been developed from the Treaty establishing the European Community. It has more or less the same structure as the EC Treaty. The main changes concern the external action of the EU and the introduction of new chapters, in particular on energy policy, police and judicial cooperation in criminal matters, space, sport and tourism.

Principles relating to Procurement deriving from the treaty on the functioning of the European Union

The Treaty on the Functioning of the European Union applies to all procurement activity regardless of value, including contracts below the thresholds at which advertising in the Official Journal of the European Union is required and including contracts which are exempt from application of the EU Procurement Directives.

Fundamental principles flowing from the Treaty, in this area, include:

• Transparency – contract procedures must be transparent and contract opportunities should generally be publicised.
• Equal treatment and non-discrimination – potential suppliers must be treated equally.
• Proportionality – procurement procedures and decisions must be proportionate.
• Mutual recognition – giving equal validity to qualifications and standards from other Member States, where appropriate