Shaping Eu Public Procurement Law

Author : Albert Sanchez-Graells,Constant De Koninck
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 44,5 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 : 545 pages
File Size : 50,8 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 : Grith Skovgaard Ølykke,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 49,9 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 : Roberto Caranta,Gunilla Edelstam,Martin Trybus
Publisher : Primento
Page : 502 pages
File Size : 50,9 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 : Christopher Bovis
Publisher : Edward Elgar Publishing
Page : 680 pages
File Size : 44,5 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 : Constant de Koninck,Peter Flamey
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 44,8 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 : 48,7 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 : Sanja Bogojevic,Xavier Groussot,Jörgen Hettne
Publisher : Bloomsbury Publishing
Page : 303 pages
File Size : 51,6 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.

Author : Hanna Schebesta
Publisher : Springer
Page : 235 pages
File Size : 42,5 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319236124

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Damages in EU Public Procurement Law by Hanna Schebesta Pdf

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Author : Risvig Hamer, Carina,Comba, Mario
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 43,7 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781800370418

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Centralising Public Procurement by Risvig Hamer, Carina,Comba, Mario Pdf

This timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK.

Author : Martin Burgi,Martin Trybus,Steen Treumer
Publisher : Djoef Publishing
Page : 0 pages
File Size : 41,5 Mb
Release : 2016
Category : Antologier
ISBN : 8757437130

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Qualification, Selection and Exclusion in EU Procurement by Martin Burgi,Martin Trybus,Steen Treumer Pdf

This seventh volume of the European Procurement Law Series contains an in-depth analysis of the qualification phase-exclusion, qualification, selection, and shortlisting. The topic is of crucial importance in EU tender procedures and has been considered in numerous disputes in the EU. This volume supplements the fifth volume about the award phase. It considers the implications of the new public procurement directive, with focus on the qualification phase, and includes an analysis of the implementation of the new directive in a range of Member States. The publication follows an original comparative approach covering diversified national approaches to EU public procurement law. It provides the reader with an insight that cannot be found elsewhere, and includes specific chapters on the state of law and developments in France, Germany, United Kingdom, Spain, Italy, Portugal, and Romania. Also included are a number of comparative chapters on specific issues of particular interest in theory and practice. This book is a valuable tool for development of public procurement regulation and practice in the EU. It will be of interest to practitioners, national law makers, complaints boards, national courts, the European Commission and the Court of Justice and academics. (Series: ?European Procurement Law, Vol. 7) [Subject: EU Law, Public Procurement Law, European Procurement Law]Ã?Â?Ã?Â?

Author : Piotr Bogdanowicz
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 53,7 Mb
Release : 2021-10-28
Category : Electronic
ISBN : 1800379668

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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.

Author : Steen Treumer,François Lichère
Publisher : European Procurement Law Series
Page : 0 pages
File Size : 43,5 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.

Author : Constant de Koninck,Thierry Ronse
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2015
Category : Law
ISBN : 9041154213

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European Public Procurement Law by Constant de Koninck,Thierry Ronse Pdf

Text of the Public Sector Procurement Directive 2014/24/EU: pages 641-821.

Author : Christopher H. Bovis
Publisher : Edward Elgar Pub
Page : 488 pages
File Size : 46,9 Mb
Release : 2008
Category : Law
ISBN : 1847209475

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EU Public Procurement Law by Christopher H. Bovis Pdf

EU Public Procurement Law addresses one of the most important areas of European integration. With a magnitude approaching 1 trillion euros in supplies, works and services and representing almost 12 percent of the European Union's GDP, public procurement regulation represents a key objective of the vision of the European Union in becoming the most competitive economy in the world by 2010. In this book, Christopher Bovis offers a clear and lucid assessment of the new public procurement legal framework and its interplay with policy within the European Union and the member states. The new regime is based on three principles: simplification, modernization and flexibility, and the book considers the new directives which are intended to simplify and modernize a regulatory regime that aims to gradually establish a public market in the European Union. The book exposes the instrumental role of the European Court of Justice in shaping many of the newly introduced concepts in public procurement regulation. Finally, the author provides for the most comprehensive taxonomy and codification of case law on public procurement.This comprehensive overview of enforcement and compliance of public procurement at European and national levels will be of great interest to academic researchers and lawyers within the EU, USA, Canada and other continents. It will also appeal to postgraduate students in law, policy, and management, judges at the European Court of Justice and national courts, and policy makers at European, international and national levels.