One of the contributions of the Chicago School to economic theory is that of underlining the importance of compliance costs on entrepreneurial activity and economic growth. From a business perspective, complying with general regulations and administrative red tape is a costly burden that may...

This paper constructs several objective indicators of regulatory intensity in the context of the Spanish decentralization since 1978. Our aim is to develop a quantitative measure of the levels of regulatory intensity set by different regions in Spain. The dynamic nature of the decentralization...

The procurement function is not well-placed to act as a two-sided gatekeeper and thus unable to effectively ‘regulate by contract’ the behaviour of the public entities seeking to adopt digital technologies and technology providers offering to deliver them. Additionally, given in-built...

In this contribution, I reflect on the role of competition in public procurement regulation and, more specifically, on whether competition should be treated as a regulatory goal, as a general principle of public procurement law, as a specific (implicit or explicit) requirement in discrete legal...

This country report provides an overview of recent developments in UK public procurement regulation, including the Post-Brexit rulebook reform, the proposal of special rules for healthcare services commissioning, the procurement chapter in the UK-Australia Free Trade Agreement, and a recent...

This paper explores the position of public procurement in the broader transition towards digital public governance. First, the paper identifies how, in the context of the global ‘race to AI’, procurement is being assigned a gatekeeping role to discipline the adoption and use of digital...

This Chapter continues unpacking the gatekeeping role assigned to the procurement function in the context of public sector digitalisation. After the analysis of procurement as a regulatory actor in https://ssrn.com/abstract=4351555, the focus is now put on the procedural and substantive...

Public procurement is progressively being erected as the gatekeeper of digital technology adoption by the public sector and thus positioned as digital technology regulator, especially in the EU and UK context. Procurement is expected to ensure that the public sector only adopts trustworthy...

The implementation of the EU Services Directive (2006/123/CE) should entail a boost of freedom of enterprise and free competition in the services sector in Spain. Although a proper interpretation of both these constitutional principles should have already led to the elimination of many barriers...

Traditionally the concern on the quality of regulation has focused on formal or technical issues, nowadays the concern on the substantive content of legal rules and their efficiency is increasingly relevant. The material dimension of regulatory quality refers to the effectiveness of legal...