Hocus-pocus: look, but do not see! A comparative analysis of the transparency rules and their failure to fight corruption in the Bulgarian public procurement system

The present study comprises an analysis of corruption in public procurement in Bulgaria and the unsuccessful attempts to resolve the problem by expanding the scope of application of the transparency principle. The focus of is on Bulgarian legislation in the sector, with a detailed analysis of transparency rules, procurement participants and responsible institutions. The types of infringements involving corruption schemes, which are typical for the different phases of the award process, are discussed as is, their link to violation of the transparency principle. The system of control of and appeal against actions of the contracting authorities are examined and the legislative weaknesses which fail to reduce corruption are highlighted. Some of the most significant theoretical achievements are reviewed, as well as several institutions engaged in the fight against corruption in Bulgarian public procurement. The Bulgarian public procurement system is compared with the systems of two other Member States: Germany and Austria. Their anti-corruption solutions are analysed as to adherence to the transparency principle and the use of other mechanisms to limit corruption, where appropriate for possible adaptation to the Bulgarian reality.