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 333 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 New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
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 The Manufacturing of Markets written by Eric Brousseau and published by Cambridge University Press. This book was released on 2014-05-22 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different types of markets exist throughout the world but how are they created? In this book, an interdisciplinary team of authors provide an evolutionary vision of how markets are designed and shaped. Drawing on a series of case studies, they show that markets are far from perfect and natural mechanisms, and propose a new view of markets as social construct, explaining how combinations of economic, political and legal constraints influence the formation and performance of markets. Historical trajectories and interdependencies among institutional dimensions make it difficult to build costless, non-biased co-ordination mechanisms, and there are limitations to public and private attempts to improve the design of markets. The authors show that incomplete and imperfect modes of governance must be improved upon and combined in order for markets to work more efficiently. This timely book will interest practitioners and academics with backgrounds in economics, law, political science and public policy.
Download or read book Competitive Dialogue in EU Procurement written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2012-08-23 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.
Download or read book The Implementation of the EU Services Directive written by Ulrich Stelkens and published by Springer Science & Business Media. This book was released on 2012-02-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
Download or read book Legal Discourse Across Languages and Cultures written by Maurizio Gotti and published by Peter Lang. This book was released on 2010 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters constituting this volume focus on legal language seen from cross-cultural perspectives, a topic which brings together two areas of research that have burgeoned in recent years, i.e. legal linguistics and intercultural studies, reflecting the rapidly changing, multifaceted world in which legal institutions and cultural/national identities interact. Within the broad thematic leitmotif of this volume, it has been possible to identify two major strands: legal discourse across languages on the one hand, and legal discourse across cultures on the other. Of course, labels of this kind are adopted partly as a matter of convenience, and it could be argued that any paper dealing with legal discourse across languages inevitably has to do with legal discourse across cultures. But a closer inspection of the papers comprising each of these two strands reveals that there is a coherent logic behind the choice of labels. All seven chapters in the first section are concerned with legal topics where more than one language is at stake, whereas all seven chapters in the second section are concerned with legal topics where cultural differences are brought to the fore.
Download or read book European Public Law written by Patrick J. Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2020-01-23 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.
Download or read book The Processes and Practices of Fair Trade written by Brigitte Granville and published by Routledge. This book was released on 2012-10-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fairtrade is a pressing international issue and this interdisciplinary volume offers various perspectives from economic, business, law and ethics. Both editors have an excellent publishing record.
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 Niger Senegal 2009 written by World Trade Organization and published by Bernan Press. This book was released on 2010 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides trade policy review for Niger.
Download or read book Framework Agreements Supplier Lists and Other Public Procurement Tools written by Serban Filipon and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at regulation, policy and implementation of framework agreements, supplier lists and other similar public procurement tools, with a strategic and pragmatic perspective. Whilst procurements of huge volumes and value are performed worldwide through such tools on a daily basis, and despite their complexity and diversity, this topic has rarely been studied in a systematic way. The book fills this major gap. It examines a series of public procurement systems or legal instruments selected to ensure wide coverage the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit. By deconstructing over 20 'clusters' of tools into their key features along a pattern for analysis, the book reconstructs a conceptual framework for purchasing uncertain or indefinite requirements through a transversal perspective across public procurement systems. In this way, the book provides valuable orientation to law and policy makers for improving or reforming this area, to procurement officers in interpreting existing regulation and identifying innovative practical solutions, and to lawyers and the judiciary for a balanced application of the regulation. The book delivers essential material for procurement of uncertain or indefinite requirements.
Download or read book International Handbook on the Economics of Corruption written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔVolume Two of the International Handbook on the Economics of Corruption presents a comprehensive, detailed, and in-depth analysis of corruption as well as its economic and policy implications. . . It will be a valuable resource not only for experts and students of corruption studies, but also for public officials, NGO employees, and scholars of economic and political development throughout the world.Õ Ð Ararat L. Osipian, Journal of Economic Issues A companion volume to the International Handbook on the Economics of Corruption published in 2006, the specially commissioned papers in Volume Two present some of the best policy-oriented research in the field. They stress the institutional roots of corruption and include new research on topics ranging from corruption in regulation and procurement to vote buying and private firm payoffs. Understanding the consequences of corrupt transactions requires one to know what is being bought with a bribe and how the behavior of public and private actors has been affected. The contributors therefore emphasize how the economic analysis of corruption must take account of the broader context within which bribery and self-dealing operate. Several chapters offer new approaches to empirical research on corruption that range from individual-level data to the macro-economy. Chapters with an explicit policy focus deal with the efficacy of anti-corruption agencies, multi-stakeholder initiatives, red flag warning systems and international conventions. This cutting-edge work will be an unmatched resource for scholars and students of corruption, professionals in international aid and finance organizations, and scholars and professionals with more general interests in economic and political development.
Download or read book C te d Ivoire written by International Monetary Fund and published by International Monetary Fund. This book was released on 2012-07-18 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Joint Staff Advisory Note focuses on the progress report (PR) of the Poverty Reduction Strategy Paper (PRSP) for Côte d’Ivoire. The PR notes the difficulty of implementing the PRSP in a period of continued political crisis and civil conflict. It emphasizes that economic performance was affected by various domestic shocks. The PR highlights efforts to strengthen public financial management (PFM) and reform the cocoa sector. It also notes several actions undertaken to build and consolidate peace and strengthen social cohesion in the country.
Download or read book France Doing Business In France for Everyone Guide Practical Information and Contacts for Success written by IBP, Inc and published by Lulu.com. This book was released on 2012-01-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business in France for Everyone: Practical Information and Contacts for Success
Download or read book Finance The Discreet Regulator written by I. Huault and published by Springer. This book was released on 2012-09-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial sector is the talk of the global village. This book highlights that, before asserting that the institutions of the financial sector deserve to be regulated, one should consider that these very institutions are themselves the discreet regulators of the markets where their activity takes place.
