Download or read book Reimagining Public Procurement Law After Brexit written by Sue Arrowsmith and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Working Paper outlines proposals for reforming public procurement law after Brexit. The proposals are set out on the basis that the UK will become a party to the World Trade Organization's Agreement on Government Procurement (GPA) and that the GPA will also provide the main constraint for regulation.It is proposed, first, that a new hard law regime should regulate not mainly to ensure open markets, as with the current regulations that give effect to EU requirements, but for eight key objectives (to be stated in the legislation a relevant for interpretation), namely: value for money, integrity, accountability, equal treatment, fair treatment of suppliers; effective implementation of industrial, social and environmental objectives; opening markets; and an efficient procurement process. It is then argued that reform should be based on seven principles: an open contracting approach; a single and uniform regime for the Westminster jurisdiction; significant legislative simplification involving a shift from hard to soft law; use of familiar concepts, rules and terminology where appropriate; a rebalancing of interests (away from open market objectives towards value for money, sustainability and reduced procedural costs) and a related shift in regulatory strategy to increase flexibility; a more effective and balanced approach to enforcement; and a common framework across UK jurisdictions. Translating this into concrete reforms, the paper proposes that there should be a single set of regulations to replace the regulations that transpose the EU procurement directives and to cover all other public procurement rules. They should provide a largely unitary regime, removing the distinctions between “regular” public contracts, utilities contracts, defence and security contracts and concessions; and this regime should take as its starting point the approach of the 1990 Utilities Directive (Directive 90/531).Such an approach represents a significant policy shift, offering to a large extent the maximum flexibility afforded by the GPA and also improving the quality of legislation, but in such a way as to preserve benefits of familiarity and certainty.

Download or read book Reimagining Public Procurement Law After Brexit written by Sue Arrowsmith and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Working Paper outlines proposals for reforming public procurement law after Brexit. The proposals are set out on the basis that the UK will become a party to the World Trade Organization's Agreement on Government Procurement (GPA) and that the GPA will also provide the main constraint for regulation.It is proposed, first, that a new hard law regime should regulate not mainly to ensure open markets, as with the current regulations that give effect to EU requirements, but for eight key objectives (to be stated in the legislation a relevant for interpretation), namely: value for money, integrity, accountability, equal treatment, fair treatment of suppliers; effective implementation of industrial, social and environmental objectives; opening markets; and an efficient procurement process. It is then argued that reform should be based on seven principles: an open contracting approach; a single and uniform regime for the Westminster jurisdiction; significant legislative simplification involving a shift from hard to soft law; use of familiar concepts, rules and terminology where appropriate; a rebalancing of interests (away from open market objectives towards value for money, sustainability and reduced procedural costs) and a related shift in regulatory strategy to increase flexibility; a more effective and balanced approach to enforcement; and a common framework across UK jurisdictions. Translating this into concrete reforms, the paper proposes that there should be a single set of regulations to replace the regulations that transpose the EU procurement directives and to cover all other public procurement rules. They should provide a largely unitary regime, removing the distinctions between “regular” public contracts, utilities contracts, defence and security contracts and concessions; and this regime should take as its starting point the approach of the 1990 Utilities Directive (Directive 90/531).Such an approach represents a significant policy shift, offering to a large extent the maximum flexibility afforded by the GPA and also improving the quality of legislation, but in such a way as to preserve benefits of familiarity and certainty.

Download or read book Reforming Public Procurement Law written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2024-07-04 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

Download or read book Combatting Corruption and Collusion in Public Procurement written by Robert D. Anderson and published by Oxford University Press. This book was released on 2024-03-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.

Download or read book Public Procurement Regulation in a Crisis written by Sue Arrowsmith and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.

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 A Research Agenda for Administrative Law written by Carol Harlow and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.

Download or read book The Law Politics of Brexit written by Federico Fabbrini and published by Oxford University Press. This book was released on 2017-10-13 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

Download or read book The Law of Public and Utilities Procurement written by Sue Arrowsmith and published by . This book was released on 2018-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of a work regarded as "the bible" on procurement issues provides a detailed analysis of the legal and policy framework for procurement in the EU and UK. It includes detailed explanations and critique of the impact of the important new EU directives that will be adopted in 2014

Download or read book The Law of Global Governance written by Eyal Benvenisti and published by BRILL. This book was released on 2014-06-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.

Download or read book Principles of Management written by David S. Bright and published by . This book was released on 2023-05-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. Principles of Management is designed to meet the scope and sequence requirements of the introductory course on management. This is a traditional approach to management using the leading, planning, organizing, and controlling approach. Management is a broad business discipline, and the Principles of Management course covers many management areas such as human resource management and strategic management, as well as behavioral areas such as motivation. No one individual can be an expert in all areas of management, so an additional benefit of this text is that specialists in a variety of areas have authored individual chapters.

Download or read book Financialising City Statecraft and Infrastructure written by Andy Pike and published by Edward Elgar Publishing. This book was released on 2019 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financialising City Statecraft and Infrastructure addresses the struggles of national and local states to fund, finance and govern urban infrastructure. It develops fresh thinking on financialisation and city statecraft to explain the socially and spatially uneven mixing of managerial, entrepreneurial and financialised city governance in austerity and limited decentralisation across England. As urban infrastructure fixes for the London global city-region risk undermining national ‘rebalancing’ efforts in the UK, city statecraft in the rest of the country is having uneasily to combine speculation, risk-taking and prospective venturing with co-ordination, planning and regulation.

Download or read book World Cities Report 2020 written by United Nations and published by . This book was released on 2020-11-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a rapidly urbanizing and globalized world, cities have been the epicentres of COVID-19 (coronavirus). The virus has spread to virtually all parts of the world; first, among globally connected cities, then through community transmission and from the city to the countryside. This report shows that the intrinsic value of sustainable urbanization can and should be harnessed for the wellbeing of all. It provides evidence and policy analysis of the value of urbanization from an economic, social and environmental perspective. It also explores the role of innovation and technology, local governments, targeted investments and the effective implementation of the New Urban Agenda in fostering the value of sustainable urbanization.

Download or read book Legal Aspects of Public Procurement written by Michael Flynn and published by Routledge. This book was released on 2020-05-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.

Download or read book Infrastructure in a Changing World written by Carlo Secchi and published by Ledizioni. This book was released on 2020-07-01 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world on the brink of a global recession caused by the COVID-19 global pandemic, the infrastructure efforts of today and tomorrow are more crucial than ever.For one, they are an indispensable countercyclical tool to mitigate the negative effects of the economic paralysis.But they also constitute a pivotal component for a country’s development, raising its competitiveness in the long term. That is why infrastructure will continue to play a critical role even when the pandemic crisis has been tamed.Rapid demographic growth, increasing urbanization, especially in developing countries, coupled with the ounting challenge posed by climate change, are trends that are not going to disappear with the virus.How to cope with these global, long-term trends? How to finance the increasing need for infrastructure? Which major international actors will take the lead? And what role will technology play in shaping the future of infrastructure?

Download or read book The UN Friendly Relations Declaration at 50 written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2020-10-08 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

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.