Eu Public Procurement Law

Author : Christopher Bovis
Publisher : Edward Elgar Publishing
Page : 545 pages
File Size : 44,7 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 : Sanja Bogojevic,Xavier Groussot,Jörgen Hettne
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 55,6 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509919505

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Discretion in EU Public Procurement Law by Sanja Bogojevic,Xavier Groussot,Jörgen Hettne Pdf

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

Author : Albert Sanchez-Graells,Constant De Koninck
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 44,9 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 : Christopher Bovis
Publisher : Edward Elgar Publishing
Page : 680 pages
File Size : 43,5 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 : Roberto Caranta,Gunilla Edelstam,Martin Trybus
Publisher : Primento
Page : 502 pages
File Size : 51,9 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 : Grith Skovgaard Ølykke,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 54,6 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 : Caranta, Roberto,Sanchez-Graells, Albert
Publisher : Edward Elgar Publishing
Page : 1040 pages
File Size : 46,6 Mb
Release : 2021-10-26
Category : Law
ISBN : 9781789900682

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European Public Procurement by Caranta, Roberto,Sanchez-Graells, Albert Pdf

This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

Author : Constant de Koninck,Peter Flamey
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 54,5 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 : Beate Sjåfjell,Anja Wiesbrock
Publisher : Cambridge University Press
Page : 269 pages
File Size : 48,8 Mb
Release : 2015-12-03
Category : Business & Economics
ISBN : 9781107129641

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Sustainable Public Procurement Under EU Law by Beate Sjåfjell,Anja Wiesbrock Pdf

This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 584 pages
File Size : 48,5 Mb
Release : 2015-06-25
Category : Law
ISBN : 9781509900282

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Public Procurement and the EU Competition Rules by Albert Sánchez Graells Pdf

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Author : Willem Janssen
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2018
Category : Government purchasing
ISBN : 9462368635

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EU Public Procurement Law & Self-organisation by Willem Janssen Pdf

The nexus between EU public procurement law and self-organisation of the Member States and their public authorities in the European Union is often misunderstood. This book is the fi rst comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It creates food for thought to improve the law. This book offers in-depth studies on how EU public procurement law interacts with the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalised cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinised. Based on qualitative and comparative research, it provides a detailed discussion of these exclusions and exemptions from EU public procurement law in light of the 2014 Directives on public procurement, the case-law of the Court of Justice of the European Union and the Dutch Courts, and other relevant sources. Timely and engaging, this book will appeal to academic scholars, legislators and practitioners interested in gaining a deeper understanding of the scope of EU public procurement law. Exploring the discretionary power for public authorities to organize themselves, it will also inform these authorities when they aim to provide services with their own resources or in cooperation with other authorities. Similarly, it informs third parties that want to uphold the obligations of the law before the courts.

Author : Steen Treumer,Mario Comba
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 46,6 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 : Kirsi-Maria Halonen,Roberto Caranta,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 40,7 Mb
Release : 2019
Category : POLITICAL SCIENCE
ISBN : 9781788975674

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Transparency in EU Procurements by Kirsi-Maria Halonen,Roberto Caranta,Albert Sanchez-Graells Pdf

This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.

Author : Marta Andhov,Roberto Caranta,Anja Wiesbrock
Publisher : Routledge
Page : 197 pages
File Size : 41,8 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429594601

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Cost and EU Public Procurement Law by Marta Andhov,Roberto Caranta,Anja Wiesbrock Pdf

Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Author : Sanja Bogojevic,Xavier Groussot,Jörgen Hettne
Publisher : Bloomsbury Publishing
Page : 303 pages
File Size : 47,9 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509919499

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Discretion in EU Public Procurement Law by Sanja Bogojevic,Xavier Groussot,Jörgen Hettne Pdf

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.