Download or read book The Remedy of Damages in Public Procurement in Israel and the EU written by Arie Reich and published by . This book was released on 2014 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages are formally part of the arsenal of remedies that an aggrieved bidder in a public procurement procedure may use in most jurisdictions, such as the EU, the US and Israel. It is also required by the WTO Agreement on Government Procurement. This remedy could have a critical role to play both in the encouragement of potential suppliers to invest in participation in the tender, as well as in curtailing and deterring improper or corrupt behavior by procuring agencies. However, in order for that to happen, the damages that are awarded must be effective and deterring. In spite of the great promise that such damages hold in encouraging greater competition in contracting and in reducing irregularity, the current rules that apply to the award of damages both in Israel and in the European Union have made this remedy ineffective and non-deterrent. After reviewing these rules and court rulings, this paper proposes changes aimed at improving the effectiveness of damages in public procurement so as to turn them into a deterrent factor in the fight against corruption and to contribute to the establishment of a more efficient and equitable procurement system. After discussing the rationales for awarding damages when procurement rules have been violated, we argue that when a material infringement of these rules have been proven, aggrieved bidders should be entitled to expectation damages, that is, pecuniary compensation assessed according to the lost profits. In order to overcome the difficulty of proving the causal link between the breach of the procurement rules and the plaintiff's loss of the contract, we propose to adopt an approach whereby damages are assessed based on the probability that the plaintiff's bid would have won the contract. In other words, the article advocates applying the approach of damage assessment based on probability, which until now has been considered and adopted by some jurisdiction mainly in contract and tort cases, also in public procurement cases. We also propose to reverse the burden of proof in this matter so as to create the proper incentive for the procuring agency to reveal all relevant information in court.
Download or read book Damages in EU Public Procurement Law written by Hanna Schebesta and published by Springer. This book was released on 2015-12-16 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Download or read book Public Procurement Law written by Duncan Fairgrieve and published by . This book was released on 2011 with total page 239 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 ha.
Download or read book The Internationalization of Government Procurement Regulation written by Aris Georgopoulos and published by Oxford University Press. This book was released on 2017-02-16 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: As governments are major buyers of goods and services, foreign companies are keen to be able to participate in procurement opportunities on an equal footing with national firms. This has given rise to the inclusion of procurement disciplines in trade agreements and to internationally-agreed good regulatory practices in this important policy area. The contributions to this book examine how the dynamic mix of bilateral, regional, plurilateral and international norms on government procurement is reflected in purchasing practices at the national level and whether these are leading to convergence in policies and approaches. The countries studied span both advanced, high-income economies and emerging economies. Some are members of the WTO procurement agreement, others are not. Most WTO members have decided not to commit to binding international disciplines on procurement in trade agreements. This book explores whether there has been nonetheless internationalization of good procurement practices, and what current public purchasing processes suggest as regards the value added of signing on to binding rules of the game in this area. The approach taken in the volume is interdisciplinary. Contributors include economists, political scientists, legal scholars, and practitioners with a solid understanding of both the extant international disciplines and national government procurement policies. Each chapter assesses the current state of play as regards legislation and procurement practices; the degree to which industrial policy considerations feature in the relevant regulatory frameworks; the existence and use of domestic dispute resolution and review procedures that allow firms to contest the behavior of procuring entities; and the availability of data on procurement processes and outcomes.
Download or read book An Architect s Guide to Public Procurement written by Fin Garvey and published by Routledge. This book was released on 2019-07-25 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is suspicion in the UK and across Europe that the upcoming introduction of new European Directives will encourage a regime of conservatism and legal risk aversion, fostering the delivery of mediocre and banal building design. This book dispels these myths and instead looks at the genuine impact of EU law on architectural practice. Engaging in public sector work requires a broad understanding of this seemingly complex and constantly evolving subject, and unlike other texts, the book is designed to explore public procurement from the perspective of the architect. An easy to follow guide through the complex legal and technical jargon involved in the procurement process, the book provides practical tools which will assist architects in developing their own, clear procurement strategy. Although written with a UK audience in mind, the advice will also be applicable to other European jurisdictions. It is invaluable reading for existing practitioners wishing to expand their current involvement in the public procurement process, as well as those encountering it for the first time.
Download or read book Routledge Handbook of Public Procurement Corruption written by Sope Williams and published by Taylor & Francis. This book was released on 2024-04-30 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.
Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Download or read book Government Procurement in the WTO written by Sue Arrowsmith and published by Springer. This book was released on 2003-01-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The 'plurilateral' WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity–more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade the institutional structure for dealing with government procurement in the GATT/WTO system the impact of relevant WTO law on national legal systems the types of contracts and entities covered in the Agreement on Government Procurement how the National Treatment principle and the Most Favored Nation obligation affect government procurement rules of WTO contract award procedure and the controversy over their interpretation and revision the free trade vs. social and environmental issues question in the context of government procurement and the monitoring and enforcement of WTO procurement rules Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments. The result is a new work of major significance-a work that government procurement officials in every country, whatever their field, cannot afford to ignore. The value of Government Procurement in the WTO to lawyers and scholars in the field goes without saying. Review' Beneath its somewhat ordinary title is a work of extraordiary depth and quality. Although written by a law professor, this book is far more than a traditional legal textbook. In exceptionally lucid writing, the aithor sets forth a comprehensive study of the World Trade Organization (WTO) regulations ('Articles') on public procurement and their omplications.'
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Download or read book Law and Policy in Public Purchasing written by Bernard M. Hoekman and published by . This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government Procurement Act (GPA) aims to subject public purchasing to international competition. However, many developing countries, along with others such as Australia and New Zealand, have refused to join the GPA on the grounds that it is not in their best interest. This volume examines the GPA and discusses what could be done to improve it with a view to expanding its membership. The contributors focus on four broad issues: the negotiating history, content, and operation of the GPA; the economics of the GPA's rules and disciplines; the implementation of the GPA in domestic legal systems; and, finally, possible alternatives to - and improvements on - the current set of multilateral rules and disciplines. Offering the most comprehensive assessment of the subject available, the volume will be of interest to scholars of international trade, as well as people whose work involves them in government procurement - from the buyers and sellers of goods and services to those concerned with legal aspects of public purchasing.
Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Download or read book U S Foreign Aid to Israel written by Jeremy M. Sharp and published by DIANE Publishing. This book was released on 2010-10 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) U.S.-Israeli Relations and the Role of Foreign Aid; (2) U.S. Bilateral Military Aid to Israel: A 10-Year Military Aid Agreement; Foreign Military Financing; Ongoing U.S.-Israeli Defense Procurement Negotiations; (3) Defense Budget Appropriations for U.S.-Israeli Missile Defense Programs: Multi-Layered Missile Defense; High Altitude Missile Defense System; (4) Aid Restrictions and Possible Violations: Israeli Arms Sales to China; Israeli Settlements; (5) Other Ongoing Assistance and Cooperative Programs: Migration and Refugee Assistance; Loan Guarantees for Economic Recovery; American Schools and Hospitals Abroad Program; U.S.-Israeli Scientific and Business Cooperation; (6) Historical Background. Illustrations.
Download or read book Labour Clauses in Public Contracts written by International Labour Office and published by International Labour Organization. This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Israel s European Policy After the Cold War written by Stefan Ahlswede and published by Nomos Verlagsgesellschaft. This book was released on 2009 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Israel want from Europe and why? How does Israel pursue its goals? And, who are the relevant actors? This dissertation establishes what has been governing Israel's attitudes and behavior towards the EC/EU since the late 1980s. The end of the Cold War, the reversal of Israel's peace process policy under Rabin, and changes of government certainly have had an impact on Israel's behavior. But could the changes in behavior be due to the changes in circumstances and not to a change in the substance of Israel's attitude? As the analysis shows, Israel's European policy is astonishingly autonomous. It is also, almost exclusively, day-to-day politics. This study offers an insight into the workings of low politics of second or third priority, a view that is far from rare, but rarely taken. It also sheds light on the behavior of a state at the inferior end of an asymmetry of power: How does Israel cope when dealing with a vastly larger and more powerful actor, like the EU? Special attention is paid to Israel's self-perception and its understanding of Europe and of the EU's positions. The book also looks at misperceptions and policy failures that may result from these. Dissertation.
Download or read book Mastering the Risky Business of Public Private Partnerships in Infrastructure written by Manal Fouad and published by International Monetary Fund. This book was released on 2021-05-10 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Download or read book Public Procurement Regulation in Africa written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2013-01-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.
