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Contract Modifications in EU Procurement Law by Bogdanowicz, Piotr Pdf
Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.
Contract Modifications in EU Procurement Law by Piotr Bogdanowicz Pdf
Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law. Key features include; - analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU law - fresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widely - consideration of contract modifications both from practical and theoretical perspectives. This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law.
Contract Changes by Dacian C. Dragos,Kirsi-Maria Halonen,Bogdana Neamtu,Steen Treumer Pdf
Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.
EU Public Contract Law by Roberto Caranta,Gunilla Edelstam,Martin Trybus Pdf
This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.
Modernising Public Procurement by Steen Treumer,Mario Comba Pdf
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom.The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes.Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read.
The Applied Law and Economics of Public Procurement by Gustavo Piga,Steen Treumer Pdf
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.
Research Handbook on EU Public Procurement Law by Christopher Bovis Pdf
Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.
Modernising Public Procurement by François Lichère,Roberto Caranta,Steen Treumer Pdf
In Europe, the recently approved Public Procurement Directive 2014/24/EU has brought a major overhaul to EU law and made significant changes to the obligations of contracting authorities in the Member States. Concurrently, the new directive has introduced some measures of flexibility and important new requirements. This book focuses on the essence of these changes, starting with the definition of a public procurement contract, and ending with changes to concluded contracts. In between, essential aspects of the reform are analyzed, including the new rules on in house and public-public partnerships, on qualification, on the new and more flexible award procedures, including those aimed at fostering innovation. Specific attention is also paid to the new emphasis on strategic procurement, to the benefit of SMEs, and to the renewed efforts to exploit e-procurement and aggregated purchasing. The book's contributions provide an in-depth analysis of most of the new provisions in Directive 2014/24/EU and will be valuable to academics and practitioners, especially considering that some of the new provisions may have immediate effects. (Series: European Procurement Law - Vol. 6) [Subject: EU Law, Public Procurement Law, Contract Law]
Public Procurement Law by Simon Evers Hjelmborg,Peter Jakobsen,Sune Troels Poulsen Pdf
This book is an analysis of the newly implemented EU Procurement Directive, and therefore will be important to all members and countries trading with EU. The analyses are based on judgments of the European Court of Justice, communications from the European Commission, and Danish case law. Originally written in Danish, the authors have found it relevant to translate the book into English, since the new Procurement Directive has been transposed directly into Danish law. As a consequence, the rules of the Directive are directly applicable to Danish law, and the extensive Danish case law on the Procurement Directive largely amplifies the analyses of the individual rules of the Procurement Directive.
EU Public Procurement Law by Christopher Bovis Pdf
ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.
European Public Procurement Law by Constant de Koninck,Peter Flamey Pdf
The European directives on public procurement do not contain any specific provisions ensuring their effective application. These provisions can be found in the Public Sector Remedies Directive 89/665/EEC and the Utilities Remedies Directive 92/13/EEC, as these directives have recently been amended by Directive 2007/66/EC. These measures provide means of redress for tenderers who have been prejudiced by a breach of the EU rules on public procurement. Following the highly user-friendly approach of its Part I predecessor and which cited and analyzed the Court of Justiceands case law concerning the substantive EU procurement rules laid down in the Public Sector Directive and the Utilities Directives and this book combines and links the full texts of the procurement remedies directives with 31 pertinent judgements issued by the Court of Justice of the European Communities. In one easy-to-use volume this book provides: full texts of the the Public Sector Remedies Directive and the Utilities Remedies Directive, with the articles of these directives linked to the relevant Court of Justice case law; in-depth analysis of 31 judgements rendered by the Court of Justice in the period 1993and2008 in connection with subject matter treated by the articles of the two directives; expert discussion of major innovations introduced by Amending Directive 2007/66/EC, with analysis of its ratio legis and full text; essential excerpts from the chronologically ordered judgments, with each excerpt preceded by an overview of the subject matter and points of law treated in the judgment; pertinent passages of the opinions of the Advocate General; and an exhaustive subject index. By thus combining the theory and andrealityand of European procurement law the book not only saves readers time and effort, but also provides profound and practical insight into the Remedies Directives and the important rights and obligations which they create. The pursuit of remedies for breaches of the EU procurement rules is a topic of high interest to public authorities and their suppliers, contractors and service providers across Europe. This book will be of great value to practitioners and to officials charged with ensuring that decisions taken by the public contracting authorities and entities may be reviewed effectively and rapidly, thus building confidence among businesses and the public that public procurement procedures are fair.
Author : Gian Luigi Albano,Caroline Nicholas Publisher : Cambridge University Press Page : 357 pages File Size : 45,7 Mb Release : 2016-04-28 Category : Law ISBN : 9781107077966
The Liberalisation of Public Procurement and its Effects on the Common Market by Christopher Bovis Pdf
First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.
Regulation Public Procurement - National and International Perspectives by Sue Arrowsmith,John Linarelli,Don Wallace Pdf
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
