Download or read book Shaping EU Public Procurement Law written by Albert Sanchez-Graells and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Public Procurement Law written by Christopher Bovis and published by Edward Elgar Publishing. This book was released on 2012 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Public Procurement in the EU written by Peter Trepte and published by Oxford University Press, USA. This book was released on 2007 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed and practical guide to the January 2006 EC Procurement Directives in the public and utilities sectors, which set out the minimum standards to be provided by the EU member states in guaranteeing a level playing field for regulating public procurement. It clearly explains the legal provisions that must be complied with in order to compete successfully for public contracts throughout the European Community, including those involving the Community institutions themselves.
Download or read book Buying Green written by and published by . This book was released on 2004 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sustainable Public Procurement Under EU Law written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.
Download or read book European Public Procurement written by Caranta, Roberto and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reformation or Deformation of the EU Public Procurement Rules written by Grith Skovgaard Ølykke and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Download or read book Enforcement of the EU Public Procurement Rules written by Steen Treumer and published by European Procurement Law Series. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EC Public Procurement written by Christopher Bovis and published by Academic. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.
Download or read book Research Handbook on EU Public Procurement Law written by Christopher Bovis and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Social and Environmental Policies in EC Procurement Law written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2009-02-19 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: utilities." --Book Jacket.
Download or read book EU Public Procurement Law Self organisation written by Willem Janssen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contract Modifications in EU Procurement Law written by Bogdanowicz, Piotr and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Green Public Procurement under WTO Law written by Rika Koch and published by Springer Nature. This book was released on 2020-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice – not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland).
Download or read book Modernising Public Procurement written by François Lichère and published by Djoef Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
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.
