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Explaining Non‐Compliance with European Union Procurement Directives: A Multidisciplinary Perspective

Author

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  • KEES GELDERMAN
  • PAUL GHIJSEN
  • JORDIE SCHOONEN

Abstract

Since their adoption in the 1970s, compliance with European Union (EU) procurement directives has been problematic. Many studies have reported on the effectiveness of the directives, mostly in terms of the impact on the openness of public procurement and the impact on cross‐border trade. However, research on the explanation (or the lack) of compliance with EU directives is limited. This article identifies the directives which are most sensitive to non‐compliance. A multidisciplinary model for explaining compliance is presented, drawing from criminal theory, economics, social psychology and public purchasing. The impact on compliance is quantified, using survey data from purchasing professionals of the Dutch Ministry of Defence. The results indicate that both the expected gains of compliance and the organizational pressure have a positive impact on compliance. In contrast, no support is found for the effect of certainty and severity of sanctions and the perceived resistance of suppliers in case of non‐compliance.

Suggested Citation

  • Kees Gelderman & Paul Ghijsen & Jordie Schoonen, 2010. "Explaining Non‐Compliance with European Union Procurement Directives: A Multidisciplinary Perspective," Journal of Common Market Studies, Wiley Blackwell, vol. 48(2), pages 243-264, March.
    • Handle: RePEc:bla:jcmkts:v:48:y:2010:i:2:p:243-264
    DOI: 10.1111/j.1468-5965.2009.02051.x
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    References listed on IDEAS

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    Cited by:

    1. Magoti Harun & Gladness Salema & Mordecai Matto, 2025. "Achieving desired compliance performance in public procurement: Does embedding a culture of performance orientation matter?," Future Business Journal, Springer, vol. 11(1), pages 1-21, December.
    2. David Jancsics & Salvador Espinosa & Jonathan Carlos, 2023. "Organizational noncompliance: an interdisciplinary review of social and organizational factors," Management Review Quarterly, Springer, vol. 73(3), pages 1273-1301, September.
    3. Bernard Steunenberg, 2022. "How Implementation Affects Revision: EU Decision‐Making on Changing the Posting of Workers Directive," Journal of Common Market Studies, Wiley Blackwell, vol. 60(3), pages 562-579, May.
    4. Richard Craven, 2023. "Managing dissonance: Bureaucratic justice and public procurement," Regulation & Governance, John Wiley & Sons, vol. 17(1), pages 215-233, January.
    5. Abdul Karim Mansaray & Dr. Monica Lapkoff & Anthony Little, 2018. "Public Procurement Compliance Behavior And Its Effect On Quality Service Delivery: A Case Study Of The Electricity Company Of Ghana (Ecg)," International Journal of Supply Chain Management, IPRJB, vol. 3(2), pages 60-85.

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