What are the Treaty principles?
The “Treaty” principles (which are derived from the Treaty on the Functioning of the European Union (TFEU) (www.practicallaw.com/2-107-6192) (formerly the EC Treaty) and the fundamental freedoms of the EU) are: • Proportionality. • Mutual recognition. • Transparency. • Non-discrimination. • Equal treatment. These principles will apply to all procurements with a “cross border interest”, whether or not the full procurement regime (and therefore the Regulations) applies. For more information on what will constitute a cross border interest and for information on the application of the Treaty principles, see Practice note, Part B, below threshold and other procurements outside the regulations (www.practicallaw.com/6-384-1798).
