European Public Procurement Law

The Public Sector Procurement Directive 2014/24/EU Explained Through 30 Years of Jurisprudence by the Court of Justice of the European Union
Author: Constant de Koninck,Thierry Ronse,William Timmermans
Publisher: N.A
ISBN: 9789041154217
Category: Government purchasing
Page: 987
View: 9637

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European Public Procurement Law combines the full text of the new Public Sector Procurement Directive 2014/24/EU with excerpts from 145 relevant judgments rendered by the Court of Justice of the European Union during the period 1982-2014. Constant De Koninck, Thierry Ronse and William Timmermans provide commentary on the impact of the Public Sector Procurement Directive 2014/24/EU and analysis of the case law. An insightful overview of the key changes introduced by the Directive is also included. This new edition connects the reader with the relevant CJEU case law, which has been instrumental in interpreting the public procurement legal framework. It is intended for legal practitioners and has a clear practical use for officials who have to ensure that contracts are awarded in an open, fair and transparent manner, allowing domestic and nondomestic firms to compete for business on an equal basis, all this within the EU legal framework and in compliance with the new Public Sector Procurement Directive 2014/24/EU.

EU Public Procurement Law


Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 0857938428
Category: Political Science
Page: 544
View: 9953

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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.

Public Procurement and the EU Competition Rules


Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509900284
Category: Law
Page: 584
View: 6919

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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.

Modernising Public Procurement

The New Directive
Author: Francois Lichere,Roberto Caranta,Steen Treumer
Publisher: Djoef Pub
ISBN: 9788757433852
Category: Law
Page: 400
View: 3607

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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]

A Practical Guide to Public Procurement


Author: Abby Semple
Publisher: Oxford University Press, USA
ISBN: 9780198716112
Category: Law
Page: 288
View: 7173

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Offering a practical guide to public procurement under the new EU directives, A Practical Guide to Public Procurement considers the broader policy impacts, with emphasis on the implementation of public policy through procurement. It provides a critical perspective based on first-hand experience with public sector procurement.

How the EU Institutions Work And... How to Work with the EU Institutions, 2nd Edition


Author: Alan Hardacre,Erik Akse
Publisher: N.A
ISBN: 9780992974886
Category:
Page: 370
View: 6473

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A fully revised and updated 2nd edition of this practical guide to how EU decision-making works − and how stakeholders can get their views across at the most useful moments. Politicians and officials need input from a broad range of stakeholders so that they understand the impacts that their decisions will have and make the right choices. Understanding how the legislative process works, and when and how they can intervene to make their voice heard, is essential for stakeholders - whether they are business organisations, NGOs, Member State governments, local authorities, or businesses and governments from outside the EU.This book has been created by a team of experienced EU public affairs professionals to explain the interplay of the EU institutions, the different procedures and challenges of the Parliament, Commission and Council, and the steps that need to be taken by stakeholders to engage effectively and at the right time. Packed with real-world insights, timelines for how legislation is adopted, checklists of key points and actions, flowcharts and explanatory diagrams - this is a highly accessible resource for study, reference and planning. It is essential reading for anyone seeking to understand how Brussels really works.The book is divided into three sections: ● Section 1 - How the EU Institutions Work1. The European Commission2. The Council of the EU and the European Council3. The European Parliament4. Other EU Institutions and Bodies● Section 2 - How EU Decision-Making Works5. The Ordinary Legislative Procedure: New Codecision6. Delegated and Implementing Acts: "New Comitology"● Section 3 - How to Work with the EU Institutions and Decision-Making7. Ethics and Transparency in the EU8. Practical Guide to Working with the EU Institutions9. Practical Guide to Working with EU Decision-Making10. Conclusion - Designing a Successful EU Lobbying CampaignAppendix: Suggested Reading and Social MediaIndex

Brussels Commentary on EU Public Procurement Law


Author: Michael Steinicke,Peter Leif Vesterdorf
Publisher: Hart Publishing
ISBN: 9781509923212
Category:
Page: 1632
View: 7204

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A transparent public procurement law in Europe plays a decisive role for the predictability and acceptance of market rules and thus for Europe as a business location.The work comments article by article on the European directives and regulations of all important areas of procurement from a European point of view. The Brussels commentary thus provides argumentation security in all major procurement procedures for the interpretation of national regulatory bodies. The book is up to date and takes into account only recently adopted new guidelines. [Subject: EU Law, Public Law, European Law]

Enforcement of the EU Public Procurement Rules


Author: Steen Treumer,François Lichère
Publisher: Djoef Pub
ISBN: 9788757423280
Category: Law
Page: 336
View: 2177

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The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness. This book focuses on the national enforcement of the EU public procurement rules (as enforcement mainly takes place at national level) and the recent changes introduced with Remedies Directive 2007/66 which are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention. Enforcement at the supranational level is also considered, with emphasis on the possible interaction between national and supranational enforcement of the rules.

OECD Principles for Integrity in Public Procurement


Author: OECD
Publisher: OECD Publishing
ISBN: 9264056521
Category:
Page: 140
View: 9776

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The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.

Governing the European Union


Author: Simon Bromley,Open University
Publisher: Sage Publications Ltd
ISBN: N.A
Category: Law
Page: 325
View: 7301

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Governing the European Union is a completely new introductory text that is ideal for first-time students of the politics and government of the European Union (EU). Each topic is introduced thematically to provide an invaluable and accessible guide to the main issues and debates in the contemporary study of EU politics and governance. This book will enable students to: distinguish between `government' and `governance' in considering what kind of political system characterizes the EU trace the evolution of the EU through its political and legal institutions to its contemporary processes and structures compare and contrast the changing roles of nation states and governance at the EU level examine major policy areas and evaluate new forms of politics and political culture in Europe consider the role of the European legal system, the EU budget and questions of democracy, enlargement and foreign and security policy apply the main theoretical debates surrounding the evolving form and nature of governance in the EU Governing the European Union will be an essential text for all students of the EU and European integration across politics and international studies and European studies.

Integrity in Public Procurement Good Practice from A to Z

Good Practice from A to Z
Author: OECD
Publisher: OECD Publishing
ISBN: N.A
Category:
Page: 171
View: 4565

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Provides, for the first time, a comparative overview of practices from A to Z. It maps out practices to enhance integrity throughout the whole procurement cycle, from needs assessment to contract management. It also takes a global stance by including practices from non-OECD countries.

Research Handbook on EU Public Procurement Law


Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 1781953260
Category: Law
Page: 680
View: 9230

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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.

Law for a Circular Economy


Author: Chris Backes
Publisher: N.A
ISBN: 9789462367647
Category: Environmental law
Page: 70
View: 4623

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Currently humanity uses, on average, the equivalent of 1.6 earths to provide the resources we use and to absorb our waste. A pathway to sustainable resource use is also known as the 'circular economy.' This concept aims at optimising the value of the resources used while minimising the amount of resources used. Chris Backes addresses the question of what kind of law we need to realize this circular economy. He argues that many legal frameworks and rules on the national and the European level will have to be reconsidered, amended, or completely newly framed to foster a truly circular economy. This is the inaugural lecture which Professor Chris Backes delivered on April 12, 2017 on the occasion of accepting the Chair of Environmental and Planning Law at Utrecht University School of Law, Utrecht Centre for Water, Oceans and Sustainability Law. [Subject: International Law, Environmental Law]

Management of Procurement


Author: Denise Bower
Publisher: Thomas Telford
ISBN: 9780727732217
Category: Business & Economics
Page: 260
View: 6937

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This invaluable book covers all aspects of procurement, from drafting and using contracts to procurement strategies for privately financed projects. It is written from a construction perspective, and uses examples from other industries where appropriate. This essential book offer presents guidance, explanations and case studies to help the reader comprehend the strengths and weaknesses and realistic meanings and outcomes of the stages in the development of an effective procurement strategy. Bringing together the theory and practice that relates to procurement, the book offers guidance on show the process should be undertaken. It begins by outlining the role of procurement in the construction industry, including the problems it faces and some of the steps that can be taken to overcome these problems. It then goes on to consider contractor selection and raises issues relating to the allocation of risk in contracts and factors to consider when awarding a contract. A brief summary of the relevant legal aspects is also provided. The book also examines contract strategy, major organizational arrangements and payment types and provides a summary of the key features of the most common standard forms of contract. The relationship between benchmarking, key performance indicators and incentives is explained and a framework for developing incentive mechanisms is provided. CONTENTS include: Role of procurement in the construction industry; Contractor selection, contract award and contract law in the UK; Drafting and using construction contracts - a legal perspective; Procuring the service of a project manager; Contract strategy; Incentives in construction contracts; Effective partnering; Alliance/partnering contract strategy; Joint Ventures; Procurement strategies for privately financed projects; Framework agreements; Innovative procurement methods; Procurement through program management; and Future trends in construction procurement: procuring and managing demand and supply chains in construction.

The Law of Collaborative Defence Procurement in the European Union


Author: Baudouin Heuninckx
Publisher: Cambridge University Press
ISBN: 1107131359
Category: Law
Page: 200
View: 6128

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The book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.

Preventing Environmental Damage from Products

An Analysis of the Policy and Regulatory Framework in Europe
Author: Eléonore Maitre-Ekern,Carl Dalhammar,Hans Christian Bugge
Publisher: Cambridge University Press
ISBN: 1108422446
Category: Business & Economics
Page: N.A
View: 9625

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Explores the emerging and complex field of environmental product law and brings in new perspectives for research.

EU Public Contract Law

Public Procurement and Beyond
Author: Martin Trybus,Roberto Caranta,Gunilla Edelstam
Publisher: N.A
ISBN: 9782802738107
Category: Government purchasing
Page: 507
View: 933

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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. The book is intended as both a textbook and an edited collection. It is edited and written by leading specialists in EU public contract and procurement law from many jurisdictions, who contributed their specific knowledge and analysis to present a comprehensive and thought-provoking picture of a complex and evolving subject.

Achieving Value for Money


Author: John J. Glynn
Publisher: W B Saunders Company
ISBN: 9780702020339
Category: Medical
Page: 260
View: 3681

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Looking at the question of how to achieve the best use of limited resources in the health service, this text argues that value for money is not just an accounting issue. Rather, it is a crucial tool in establishing how to identify and measure what is effective and efficient within the NHS.

Enforcement in the EU Single Market


Author: Jacques Pelkmans,Anabela Correia de Britto,Malcolm Harbour
Publisher: Ctr for European Policy Studies
ISBN: 9789461382252
Category: Business & Economics
Page: 141
View: 6150

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"Enforcement of and compliance with laws and regulations in the single market of the European Union are not only legally necessary, but also of crucial economic importance for business, consumers and the EU economy at large. This book provides a comprehensive overview of the current EU enforcement landscape and its functioning. The classical infringement route via the Court of Justice of the European Union remains critical as a last resort, but it is increasingly seen as very slow and costly. The new emphasis relies heavily on a range of pre-infringement as well as preventive initiatives that prevent new technical barriers from arising. They also tend to be far less costly and more rapid, informal and effective in pursuing a properly functioning internal market. These improvements are welcome news for the single market, yet EU enforcement still has problems to solve, for example in the area of public procurement."--Publisher.