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

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.