Legal basis: object to specify legislation from which the legal basis was derived

[odscjen]

Within the EU, legislation passed by the European Parliament must be transposed into national legislation by each member state. For example, in the UK (pre-brexit) the Public Contracts Regulations 2015 (ELI: https://www.legislation.gov.uk/id/uksi/2015/102) was the act that implemented EU Directive 2014/24 (CELEX: 32014L0024).

The current modelling in Legal Basis provides no space to specify both the legislation and the legislation it was derived from. The suggestion from @jpmckinney, originally discussed in open-contracting/european-union-support#226 is

As for our mapping, I agree that the Directive and its transposition into local law are two different concepts. The legalBasis field, as defined, is appropriate to the transposition. Right now, our mapping puts the Directive in that field, as a shorthand for the local law; however, it would be better to use that field for the transposition only.

The Directive, itself, is more like a property of the transposition, e.g. "local-law prov:wasDerivedFrom 2014/24". We can perhaps change legalBasis from using the Classification definition, to re-using the necessary fields (maybe just scheme, id, url), plus a wasDerivedFrom object with scheme, id, url fields.

@duncandewhurst modelled this as:

{
  "tender": {
    "legalBasis": {
      "id": "https://www.legislation.gov.uk/id/uksi/2015/102",
      "scheme": "ELI"
      "wasDerivedFrom": {
        "id": "32014L0024",
        "scheme": "CELEX",
        "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011R1007",        
      }
    }
  }
}

The changes required are:

• add id, scheme and uri fields to legalBasis and remove the Classification object reference
• add wasDerivedFrom field, defined as a Classification object

[jpmckinney]

Sounds good

[duncandewhurst]

Noting that we still need legalBasis.description as OCDS for eForms maps BT-01(d)-Procedure to it.

[odscjen]

Noting that we still need legalBasis.description as OCDS for eForms maps BT-01(d)-Procedure to it.

ah, I'll add it back into the PR then