Download or read book The Influence of Recent Development in EU Procurement Law on the Procurement Regulation of Member States written by Sylvia De Mars and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1993, the European Union has dramatically increased the scope and volume of its procurement regulation; particular increases have been made in terms of the procurement procedures made available, and the obligations that national contracting authorities have in light of EU law. This thesis examines the influence that recent developments in EU public procurement law have had on national procurement regulation in the UK, the Netherlands, and France. To assess this influence, three 'case study' areas were selected for investigation: the new procurement procedure 'competitive dialogue', made available for the procurement of complex contracts; the ability to repeat purchase using 'framework agreements', recently made available for purchasing in non-utilities sectors; and the Court of Justice's use of 'general principles of equal treatment and transparency', which has created new obligations for national contracting authorities. The thesis found that, in the areas examined, the influence of EU secondary legislation is substantial and-in two of the three countries examined-also plays a visible role in national regulation where EU law is not mandatory. The Court of Justice jurisprudence evaluated has had its most significant impact on the national judiciary: courts were found to reinforce the Court's judgments in all countries. Soft law issued by the European Commission had little perceivable influence on the formal legal regulation of the Member States examined, but may have influenced approaches taken to guidance or legislation more generally. The thesis also observed that harmonization of national laws, despite not being an objective of the EU rules, has increased in recent years-but even now, national differences (usually reflective of historical approaches taken to procurement regulation) are visible in those areas where the EU rules are optional, rather than mandatory.
Download or read book The Influence of Recent Developments in EU Procurement Law on the Procurement Regulation of Member States written by Sylvia De Mars and published by . This book was released on 2011 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Modernising Public Procurement written by Steen Treumer and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Centralising Public Procurement written by Risvig Hamer, Carina and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Liberalisation of Public Procurement and its Effects on the Common Market written by Christopher Bovis and published by Routledge. This book was released on 2019-01-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.
Download or read book A Coherent European Procurement Law and Policy for the Space Sector written by Stephan Hobe and published by LIT Verlag Münster. This book was released on 2011 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: Space is a matter of strategic importance and in need of concerted action by the European space actors. Distinct approaches to public procurement must not hamper the cooperation between the European Space Agency, the European Union and their respective Member States. The study provides a toolbox for space procurement that addresses specificities of this sector. Each tool is assessed in light of policy objectives, market conditions and the legal frameworks of the European Union and the European Space Agency. A discussion on selected means of policy implementation other than procurement, so-called Extra-Procurement Instruments, complements this toolbox. The Third Way in European space procurement caters for both coherence and flexibility needs and is intended to serve policy-makers as they finally make "Europe in Space" a reality.
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 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 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 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 Law and Economics of Public Procurement Reforms written by Gustavo Piga and published by Routledge. This book was released on 2017-10-03 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.
Download or read book Cost and EU Public Procurement Law written by Marta Andhov and published by Routledge. This book was released on 2019-09-19 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Qualification Selection and Exclusion in EU Procurement written by Martin Burgi and published by Djoef Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
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 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:
