Comparative review of breaches of public procurement principles in Albania and EU case law

Abstract Public procurement remains a complex administrative process which must guarantee some fundamental principles, such as equality between applicants, transparency, reasoning of decisions, etc. These principles are guaranteed at the international level but also in the domestic legislation in Albania. Despite this, by analysing the practice of the Public Procurement Commission in Albania, the implementation of the principles in practice remains an evident challenge. This article analyses the violations of the main principles in the public procurement process in Albania and a comparative analysis with the European practice by evidencing how the decisions of the Public Procurement Commission have been in accordance with the Euro. The Albanian practice of the PPC suggests that these standards are already part of the domestic legal language. However, full approximation to the European acquis requires three additional things: more structured reasoning, limiting the formalism that undermines the effectiveness of the appeal, and wider use of proportionality analysis. pean judicial practice.

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Publication Details

Journal
Balkan journal of interdisciplinary research
Published
2026-05-01
DOI
https://doi.org/10.2478/bjir-2026-0008
Primary Topic
Public Procurement and Policy
Type
article
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article

Comparative review of breaches of public procurement principles in Albania and EU case law

Jona Spahiu
Balkan journal of interdisciplinary research
Public Procurement and Policy
article

Comparative review of breaches of public procurement principles in Albania and EU case law

Jona Spahiu
article en

Abstract

Abstract Public procurement remains a complex administrative process which must guarantee some fundamental principles, such as equality between applicants, transparency, reasoning of decisions, etc. These principles are guaranteed at the international level but also in the domestic legislation in Albania. Despite this, by analysing the practice of the Public Procurement Commission in Albania, the implementation of the principles in practice remains an evident challenge. This article analyses the violations of the main principles in the public procurement process in Albania and a comparative analysis with the European practice by evidencing how the decisions of the Public Procurement Commission have been in accordance with the Euro. The Albanian practice of the PPC suggests that these standards are already part of the domestic legal language. However, full approximation to the European acquis requires three additional things: more structured reasoning, limiting the formalism that undermines the effectiveness of the appeal, and wider use of proportionality analysis. pean judicial practice.

Balkan journal of interdisciplinary researchVol. 12(1)
University of Tirana (AL)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Public Procurement and Policy
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