In the video, Oliver Weirauch, a lawyer specializing in public procurement law and head of the relevant department at caspers mock Rechtsanwälte, explains why public procurement law plays a central role in the responsible use of public funds. He points out that this is not a matter of abstract legalese, but rather of clear rules for the awarding of contracts by the federal government, states, and municipalities.
The starting point for the presentation is the daily practice of public procurement: public contracting authorities purchase goods, award services, or carry out construction projects. Public procurement law determines who builds new school buildings, supplies fire trucks, or implements infrastructure measures such as bike paths. It thus directly regulates how tax money is used and who is remunerated for public services.
It clearly illustrates why these rules are relevant to all citizens. As soon as a municipality makes major purchases or plans projects, the question arises as to what criteria may be used to select companies. Precisely in order to avoid nepotism, lack of transparency, or arbitrary decisions, public procurement law creates binding guidelines for a fair and transparent process.
The video then goes on to make a comparison between two federal states. In Rhineland-Palatinate, detailed public procurement law requirements apply even to smaller contracts, requiring the solicitation and comparison of bids and certain procedural steps. This promotes competition, transparency, and equal treatment, but requires time and administrative diligence.
In contrast, North Rhine-Westphalia will pursue a significantly different approach from January 1, 2026. Many detailed procurement law regulations are to be abolished there, so that only the requirement for economical and cost-effective procurement remains legally binding. This gives the administration far-reaching freedom of decision, which can speed up procedures, but at the same time carries the risk that the same, already known companies will repeatedly be awarded contracts.
This tension between regulation and flexibility is described as a practical experiment. While Rhineland-Palatinate continues to focus on control and formalized processes, North Rhine-Westphalia will rely more on speed and personal responsibility in the future. According to the speaker, only practical application will show which solution delivers better results in the long term.
Another focus of the video is on addressing common preconceptions about public procurement law. It is often perceived as overly bureaucratic, slow, and exclusively price-oriented. The speaker counters this by arguing that formal requirements create transparency, that effort can prevent wrong decisions and scandals, and that modern procurement procedures increasingly take qualitative, sustainable, and practical criteria into account.
Particular emphasis is placed on the importance for small and medium-sized enterprises and craft businesses in border regions, such as in the north of Rhineland-Palatinate. For these businesses, the differences in the framework conditions in two neighboring federal states can be immediately apparent. The question of where access to public contracts is fairer and offers more equal opportunities thus takes on very concrete economic relevance.
In conclusion, the speaker takes a clear stand in favor of public procurement law. He sees it as an indispensable instrument for protecting against the waste of taxpayers' money, nepotism, and decisions made behind closed doors. At the same time, he emphasizes that existing problems are less attributable to the rules themselves than to training and education deficits in the administration.
The video makes it clear that, when applied properly, public procurement law is not an end in itself, but an effective tool for fair, transparent, and economically sensible public contracts. When properly understood and implemented, public contracting authorities, companies, and ultimately the general public all benefit equally.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.