European integration is a supranational form of cooperation based and developed on the foundation of broad consensus of the states. Europeanization of law with European interpretation is a demonstrative process of convergence of national and supranational legal systems in the space of European integration, which is not only a nebulous political act, but a more binding and legal definition.
The Association Agreement (AA) signed between the European Union and Georgia on June 27, 2014, expresses absolute respect for the sovereignty, and territorial integrity of the internationally recognized borders of the Georgia. European association is a foreign and domestic policy priority declared by the Georgian people. The instrument for the implementation of this policy is the association agreement and legal approximation.
The opportunity of complex transformation within the framework of the Association Agreement is a great advantage for present and future generations. From the historical perspective, the full and successful implementation of the legal reforms determined by the association agenda is a normative prerequisite for the European Union which provides a unique opportunity for Europeanization of the country.
The association agreement envisages the gradual convergence of the national legislation of Georgia with the legal acts of the European Union and international legal regulations. One of the areas of legal approximation is public procurement, which falls under the exclusive jurisdiction of the European Union. The Europeanization of state procurement, as the declared political will of the Georgian state, requires the transposition of European legal experience into national law.
In accordance with the association agreement, the public procurement law of Georgia should be adapted to the public procurement law of the European Union (gradual approximation). In order to ensure the fulfillment of the obligations defined by the agreement and the convergence of the state procurement legislation with the EU directives, Georgia adopted the Law of Georgia “On Public Procurement” adjusted to the European public procurement law. With the implementation of the Law of Georgia “On Public Procurement”, the currently valid regulation of the Law of Georgia “On State Procurement” is declared invalid and the European public law is adopted into the national law.
Keywords: Association Agreement, Public Procurement, Disputes Centre, Sanctioning of Contractor
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