Eu Public Contract Law

Author : Roberto Caranta,Gunilla Edelstam,Martin Trybus
Publisher : Primento
Page : 502 pages
File Size : 51,6 Mb
Release : 2013-12-13
Category : Law
ISBN : 9782802741671

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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.

Author : Christopher Bovis
Publisher : Edward Elgar Publishing
Page : 680 pages
File Size : 49,8 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781781953266

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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.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:905393457

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EU Public Contract Law by Anonim Pdf

Author : Christopher Bovis
Publisher : Edward Elgar Publishing
Page : 545 pages
File Size : 43,9 Mb
Release : 2012
Category : Political Science
ISBN : 9780857938428

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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.

Author : Bogdanowicz, Piotr
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 42,6 Mb
Release : 2021-10-22
Category : Law
ISBN : 9781800379671

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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.

Author : Constant de Koninck,Peter Flamey
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 40,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041128423

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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 Justiceand’s 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 1993and–2008 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 and‘realityand’ 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 : Grith Skovgaard Ølykke,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 42,8 Mb
Release : 2016-11-25
Category : Electronic
ISBN : 9781785361814

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Reformation or Deformation of the EU Public Procurement Rules by Grith Skovgaard Ølykke,Albert Sanchez-Graells Pdf

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 55,9 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407

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EU Private Law and the CISG by Zvonimir Slakoper,Ivan Tot Pdf

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Author : Dacian C. Dragos,Kirsi-Maria Halonen,Bogdana Neamtu,Steen Treumer
Publisher : Edward Elgar Publishing
Page : 275 pages
File Size : 53,5 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781800375598

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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.

Author : Steen Treumer,Mario Comba
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,7 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788114547

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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.

Author : Albert Sanchez-Graells,Constant De Koninck
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 49,9 Mb
Release : 2018-09-14
Category : Law
ISBN : 9789403501437

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Shaping EU Public Procurement Law by Albert Sanchez-Graells,Constant De Koninck Pdf

The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.

Author : Jan M. Hebly
Publisher : Kluwer Law International B.V.
Page : 1820 pages
File Size : 52,5 Mb
Release : 2007-01-12
Category : Law
ISBN : 9789041129642

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European Public Procurement by Jan M. Hebly Pdf

This book gathers into a single source all the legislative documents preceding the coming into effect of The Directive 2004/18 of the European Parliament and the Council on the Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts. In great detail it clearly reveals the negotiation and compromise over the realisation of the legislative objectives - modernisation, simplification, and flexibility. The book first presents documents that outline the reasons that led to the intention to integrate public works (93/37/EEC), supply contracts (93/36/EEC), and service contracts (92/50/EEC) into one new directive. Then follow documents that detail the drafting of the recitals in the Preamble, the articles and the annexes. Finally, a list of legislative documents offers as complete an overview as possible of every item that played a role in the creation of Directive 2004/18/EC, including several amendments that have been made to the directive since it came into effect.

Author : Jan-Jaap Kuipers
Publisher : Martinus Nijhoff Publishers
Page : 383 pages
File Size : 49,5 Mb
Release : 2011-11-25
Category : Law
ISBN : 9789004206724

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EU Law and Private International Law by Jan-Jaap Kuipers Pdf

The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.

Author : Stefan Grundmann
Publisher : European Contract Law and Theory
Page : 400 pages
File Size : 52,7 Mb
Release : 2021-03
Category : Electronic
ISBN : 1780689659

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European Contract Law and the Creation of Norms by Stefan Grundmann Pdf

The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

Author : Steen Treumer,François Lichère
Publisher : European Procurement Law Series
Page : 0 pages
File Size : 55,5 Mb
Release : 2011
Category : Government purchasing
ISBN : 8757423288

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Enforcement of the EU Public Procurement Rules by Steen Treumer,François Lichère Pdf

The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness. This book focuses on the national enforcement of the EU public procurement rules (as enforcement mainly takes place at national level) and the recent changes introduced with Remedies Directive 2007/66 which are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention. Enforcement at the supranational level is also considered, with emphasis on the possible interaction between national and supranational enforcement of the rules.