Download or read book EU Public Contract Law written by Roberto Caranta and published by Primento. This book was released on 2013-12-13 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Collaborative Construction Procurement and Improved Value written by David Mosey and published by John Wiley & Sons. This book was released on 2019-04-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The guide that explores how procurement and contracts can create an integrated team while improving value, economy, quality and client satisfaction Collaborative Construction Procurement and Improved Value provides an important guide for project managers, lawyers, designers, constructors and operators, showing step by step how proven collaborative models and processes can move from the margins to the mainstream. It covers all stages of the project lifecycle and offers new ways to embed learning from one project to the next. Collaborative Construction Procurement and Improved Value explores how strategic thinking, intelligent team selection, contract integration and the use of digital technology can enhance the value of construction projects and programmes of work. With 50 UK case studies, plus chapters from specialists in 6 other jurisdictions, it describes in detail the legal and procedural route maps for successful collaborative teams. Collaborative Construction Procurement and Improved Value: Examines the ways to create an effective contract that will spell success throughout the procurement process Contains helpful case studies from real-world projects and programmes Explores the benefits of the collaborative construction process and how to overcome common obstacles Bridges the gaps between contract law, collaborative working and project management Includes the first analysis of the NEC4 Alliance Contract, the FAC-1 Framework Alliance Contract and the TAC-1 Term Alliance Contract
Download or read book The International Application of FIDIC Contracts written by Donald Charrett and published by Taylor & Francis. This book was released on 2019-10-10 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. The International Application of FIDIC Contracts: A Practical Guide provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book is essential reading for construction professionals, lawyers and students of construction law.
Download or read book Public Procurement Law written by Duncan Fairgrieve and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.
Download or read book Megaproject Management written by Edoardo Favari and published by Springer Nature. This book was released on 2020-05-20 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the various aspects characterizing Megaprojects from numerous perspectives and by integrating different disciplines: engineering, economics, business organization, human resource management, law, etc. It represents the first output of MeRIT (the Megaproject Research Interdisciplinary Team), and focuses on the intrinsic and unavoidable complexity of Megaprojects. The chapters have intentionally not been standardized, and humanistic topics are not separated from technical ones: this way of reading and interpreting Megaprojects through the cross-pollination of various disciplines reflects the MeRIT approach. Addressing the complexity involved in Megaprojects requires the use of a hermeneutic circle of sorts: understanding the project as a whole is achieved by referring to the specific parts, while each part can only be understood in relation to the whole. This circular approach appears to be the only one applicable to Megaprojects: no final destination, no final synthesis can be achieved. This volume consists of eight chapters written by researchers in law, economics, sociology, business organization, engineering, architecture and landscaping. The topics covered will be relevant to researchers, practitioners involved in the development of Megaprojects, and policymakers at the EU level.
Download or read book EU Public Procurement and Innovation written by Pedro Cerqueira Gomes and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.
Download or read book Contract Law in Italy written by Pier Giuseppe Monateri and published by Kluwer Law International B.V.. This book was released on 2021-01-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Italy covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book PPP Private Capital for Sustainable Infrastructure and Smart Cities written by Anna Gervasoni and published by goWare & Guerini Next. This book was released on 2022-10-11 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, fruit of the research activities of the Centre of Excellence on sustainable finance for infrastructure and smart cities (exsuf), set up in 2021 from the «Committee on Housing and Land Management» of the United Nations Economic Commission for Europe (unece) and from Liuc – Cattaneo University, aims to describe the state of the art in the regulations and principle features and definitions of sustainable finance and smart cities, analyzing the classical schemes of project financing and ppps and highlighting the present scenario in which public and private actors, and, in particular, private capital entities move. By means of a market analysis of ppps in Italy and thanks to requests coming from discussions with practitioners and sector experts, the text concludes by showing how classical ppps models have to evolve to guarantee flexibility and to promote constructive dialogue between public entities and the private sector with the goal of identifying new financial and design metrics and new ways of putting them into practice.
Download or read book International Handbook of Public Procurement written by Khi V. Thai and published by Routledge. This book was released on 2017-09-25 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.
Download or read book Complexity and Sustainability in Megaprojects written by Franca Cantoni and published by Springer Nature. This book was released on with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LA POLITICA DELLE ENTRATE NEGLI ENTI LOCALI written by Maria Letizia Pittari and published by Lulu.com. This book was released on with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Principles and Sector Specific Rules in European Administrative Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2024-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.
Download or read book Mandatory Sustainability Requirements in EU Public Procurement Law written by Willem Janssen and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law. Traditionally, EU public procurement law focused on 'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services. Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating 'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal. The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt. This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.
Download or read book Journal of Public Finance and Public Choice n 1 3 2013 written by AA. VV. and published by Gangemi Editore Spa. This book was released on 2015-02-20T00:00:00+01:00 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Anthony De Jasay The Python That Eats Itself By The Tail Sergio Beraldo – Enrico Colombatto – Valerio Filoso – Marco Stimolo Growth in One (Short) Lesson Franklin G. Mixon Jr. The Allocation of Death in the Afghanistan War Remembering James Buchanan Richard E. Wagner – Francesco Forte – Domenico da Empoli Forum on public procurement, quality of expenditure and saving Emma Galli Introduction Sergio Santoro Reference Prices and Standard Costs in Public Procurement as Tools against Corruption Claudio De Rose Corruption in Public Procurement: How to Fight and Prevent It? Mario Lupo Contracts of Public Works: How to Guarantee Low Prices Without Reducing Quality Ilde Rizzo Efficiency and Integrity Issues in Public Procurement Performance Gabriella M. Racca The Risks of Emergencies in Public Procurement Gian Luigi Albano On the Problem of Quality Enforcement in Centralized Public Procurement Symposium Domenico da Empoli On Federalism and Government Size David Hebert – Richard E. Wagner Taxation as a Quasi-Market Process Richard E. Wagner – Akira Yohoyama Polycentrism, Federalism, and Liberty Yong J. Yoon – William F. Shughart II Stackelberg on the Danube River Reviews
Download or read book Trust and Records in an Open Digital Environment written by Hrvoje Stančić and published by Routledge. This book was released on 2020-12-30 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust and Records in an Open Digital Environment explores issues that arise when digital records are entrusted to the cloud and will help professionals to make informed choices in the context of a rapidly changing digital economy. Showing that records need to ensure public trust, especially in the era of alternative truths, this volume argues that reliable resources, which are openly accessible from governmental institutions, e-services, archival institutions, digital repositories, and cloud-based digital archives, are the key to an open digital environment. The book also demonstrates that current established practices need to be reviewed and amended to include the networked nature of the cloud-based records, to investigate the role of new players, like cloud service providers (CSP), and assess the potential for implementing new, disruptive technologies like blockchain. Stančić and the contributors address these challenges by taking three themes – state, citizens, and documentary form – and discussing their interaction in the context of open government, open access, recordkeeping, and digital preservation. Exploring what is needed to enable the establishment of an open digital environment, Trust and Records in an Open Digital Environment should be essential reading for data, information, document, and records management professionals. It will also be a key text for archivists, librarians, professors, and students working in the information sciences and other related fields.
Download or read book Computational Science and Its Applications ICCSA 2015 written by Osvaldo Gervasi and published by Springer. This book was released on 2015-06-20 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five-volume set LNCS 9155-9159 constitutes the refereed proceedings of the 15th International Conference on Computational Science and Its Applications, ICCSA 2015, held in Banff, AB, Canada, in June 2015. The 232 revised full papers presented in 22 workshops and a general track were carefully reviewed and selected from 780 initial submissions for inclusion in this volume. They cover various areas in computational science ranging from computational science technologies to specific areas of computational science such as computational geometry and security.
Download or read book International Arbitration in Italy written by Massimo V. Benedettelli and published by Kluwer Law International B.V.. This book was released on 2020-12-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.