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 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 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 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 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. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
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 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 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 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 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 The Year in Trade written by and published by . This book was released on 1994 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 254 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 UNCITRAL Model Law on Public Procurement written by United Nations Commission on International Trade Law and published by UN. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Law is a template for domestic procurement legislation. Its main objectives are to enhance efficiency and effectiveness, and to avoid abuse in the procurement process (through promoting competition and participation, integrity, fair and equitable treatment and transparency). It is used by the multilateral development banks as a tool for procurement reform and as part of the country systems approach to procurement. The Model Law contains procedures to implement its objectives, whether procurement is conducted electronically or on paper; and reflects the professionalization of the procurement function (which has characterized recent developments in procurement).
Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
Download or read book The WTO Regime on Government Procurement written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2011-04-28 with total page 895 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
