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: 4888

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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.

Public Procurement and the EU Competition Rules


Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509900284
Category: Law
Page: 584
View: 7635

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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.

EU Public Procurement Law


Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 0857938428
Category: Political Science
Page: 544
View: 9335

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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.

Using Transparency Against Corruption in Public Procurement

A Comparative Analysis of the Transparency Rules and their Failure to Combat Corruption
Author: Irena Georgieva
Publisher: Springer
ISBN: 3319513044
Category: Law
Page: 269
View: 5957

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This book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.

Modernising Public Procurement

The New Directive
Author: Francois Lichere,Roberto Caranta,Steen Treumer
Publisher: Djoef Pub
ISBN: 9788757433852
Category: Law
Page: 400
View: 5526

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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]

Higher Education Institutions in the EU: Between Competition and Public Service


Author: Andrea Gideon
Publisher: Springer
ISBN: 946265168X
Category: Law
Page: 272
View: 7435

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This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

The Law of Collaborative Defence Procurement in the European Union


Author: Baudouin Heuninckx
Publisher: Cambridge University Press
ISBN: 1316824608
Category: Law
Page: N.A
View: 4027

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States increasingly cooperate to buy expensive defence equipment, but the management and legal aspects of these large collaborative procurement programmes are complex and not well understood. The Law of Collaborative Defence Procurement in the European Union analyses how these programmes are managed, and highlights areas which require improvement. The book addresses the law applicable to these programmes, which is built upon a four-layer 'matryoshka doll' of legal relationships at the crossroads of public international law, EU law and domestic law. Using practical examples, the book makes proposals for clarifying the legal basis and improving the efficiency of defence equipment cooperation among EU member states. By covering a broad scope of legal issues, this analysis goes beyond the defence sector and is relevant to centralised or joint purchasing and procurement activities of international organisations, providing invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.

Protecting the Rights of People with Autism in the Fields of Education and Employment

International, European and National Perspectives
Author: Valentina Della Fina,Rachele Cera
Publisher: Springer
ISBN: 3319137913
Category: Law
Page: 197
View: 8085

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Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.

English and European Perspectives on Contract and Commercial Law

Essays in Honour of Hugh Beale
Author: Louise Gullifer,Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1782255184
Category: Law
Page: 424
View: 6058

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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.

Inter-Municipal Cooperation in Europe


Author: Rudie Hulst,André van Montfort
Publisher: Springer Science & Business Media
ISBN: 1402053797
Category: Business & Economics
Page: 238
View: 1153

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This book presents an overview of inter-municipal cooperation in eight European countries. Each country study sketches its attendant forms, their institutional design, the tasks and competencies attributed to joint authorities of municipalities and the way inter-municipal cooperation operates in practice. Both performance and democratic aspects of cooperation are recurring topics.

A Practical Guide to Public Procurement


Author: Abby Semple
Publisher: Oxford University Press, USA
ISBN: 9780198716112
Category: Law
Page: 288
View: 3833

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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.

The Waste Market

Institutional Developments in Europe
Author: Elbert Dijkgraaf,Raymond H. J. M. Gradus
Publisher: Springer Science & Business Media
ISBN: 140208711X
Category: Business & Economics
Page: 160
View: 2152

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E. Dijkgraaf and R. H. J. M. Gradus 1. 1 Introduction In 2004 Elbert Dijkgraaf nished a PhD-thesis ‘Regulating the Dutch waste market’ at the Erasmus University Rotterdam. It was interesting that not much is published about the waste market, although it is a very important sector from an economic and environmental viewpoint. In 2006 we were participants at a very interesting conf- ence on Local Government Reform: privatization and public-private collaboration in Barcelona organized by Germa ` Bel. It was interesting to notice that researchers from Spain, Scandinavian countries, the UK and the USA were studying this issue as well. From this we brought forward the idea to publish a book about the waste market. Because of its legal framework we want to focus on Europe. In this chapter we give an introduction to this book. In the next paragraph we present a short overview of the waste collection market. Since 1960 the importance of the waste sector has increased substantially both in the waste streams and the costs of waste collection and treatment. Furthermore, we discuss policy measures to deal with these increases and give an overview of the different measures in - countries. In the last paragraph we present different chapters of our book. 1. 2 Empirical Update of the Waste Collection Market The Dutch case provides a nice example why studying the waste market is int- esting from an economic point of view.

From Access to Re-use

A User's Perspective on Public Sector Information Availability
Author: Frederika Welle Donker
Publisher: Tu Delft
ISBN: 9789492516275
Category: Technology & Engineering
Page: 280
View: 2579

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With more public sector geographic information becoming available as open data and with rapid technological developments, a trickle of web services and apps based on public sector information can be witnessed. However, the predicted free flow of information products and services based on public sector information has not eventuated yet. The main challenge for open data will be how to measure the actual impact of open government data. To do so, an open data assessment framework is required that evaluates open government data not only from a data supplier's perspective, but also from a (re-)user's perspective. This dissertation aims to bridge the gap between current government data re-use practices and its full potential. User barriers are identified, theoretical concepts are developed and designed, and practical bridges are provided to enable re-use to the max. An open data assessment model to determine the effects of open data was developed and tested on open data supplied by Liander, an energy network administrator. This assessment model was refined and extended to assess the maturity of the State of Open Data in the Netherlands. Although most of the research was primarily performed in the Netherlands and aimed at the Dutch geo-sector, the results are equally applicable to a broader perspective.

Law for a Circular Economy


Author: Chris Backes
Publisher: N.A
ISBN: 9789462367647
Category: Environmental law
Page: 70
View: 9526

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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]

Ensuring Innovation in Diagnostics for Bacterial Infection

Implications for Policy
Author: Chantal Morel,Suzanne Edwards,Lindsay McClure,Dale Sandberg
Publisher: N.A
ISBN: 9789289050364
Category: Medical
Page: 333
View: 781

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The inappropriate use of antibiotics is a primary cause of the ongoing increase in drug resistance among pathogenic bacteria. The resulting decrease in the efficacy of antibiotics threatens our ability to combat infectious diseases. Rapid, point-of-care tests to identify pathogens and better target the appropriate treatment could greatly improve the use of antibiotics. Yet there are few such tests currently available or being developed despite the rapid pace of medical innovation. Clearly something is inhibiting the much-needed development of new and more convenient diagnostic tools. This study delineates priorities for developing diagnostics to improve antibiotic prescription and use with the goal of managing and curbing the expansion of drug resistance. It calls for new approaches, particularly in the provision of diagnostic devices, and, in doing so, outlines some of the inadequacies in health, science and policy initiatives that have led to the dearth of such devices. The authors make the case that there is a clear and urgent need for innovation, not only in the technology of diagnosis, but also in public policy and medical practice to support the availability and use of better diagnostic tools. This book explores the complexities of the diagnostics market from the perspective of both supply and demand, unearthing interesting bottlenecks, some obvious, some more subtle. It calls for a multifaceted and broad policy response, and an overhaul of current practice, so that the growth of bacterial resistance can be stemmed.

Enforcement of the EU Public Procurement Rules


Author: Steen Treumer,François Lichère
Publisher: Djoef Pub
ISBN: 9788757423280
Category: Law
Page: 336
View: 5328

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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.

Services of General Economic Interest as a Constitutional Concept of EU Law


Author: Caroline Wehlander
Publisher: Springer
ISBN: 9462651175
Category: Law
Page: 374
View: 7172

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This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.

Competitive Dialogue in EU Procurement


Author: Sue Arrowsmith,Steen Treumer
Publisher: Cambridge University Press
ISBN: 1107023831
Category: Business & Economics
Page: 566
View: 6682

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Examines the legal rules on competitive dialogue, both at EU level and in the legal systems of EU Member States.

Corruption and Conflicts of Interest

A Comparative Law Approach
Author: Jean-Bernard Auby,Emmanuel Breen,Thomas Perroud
Publisher: Edward Elgar Publishing
ISBN: 178100935X
Category: Law
Page: 352
View: 5995

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As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative an

Economics of the Public Sector

Fourth International Student Edition
Author: Stiglitz, Joseph E,Rosengard, Jay K
Publisher: W. W. Norton & Company
ISBN: 0393937097
Category: Business & Economics
Page: 960
View: 979

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What should be the role of government in society? How should it design its programmes? How should tax systems be designed to promote both efficiency and fairness? Nobel Laureate Joseph Stiglitz and new co-author Jay Rosengard bring an unparalleled level of expertise to address these key issues of public-sector economics. No other text is as modern, as accessible, or incorporates as much first-hand policy-advising experience by its authors as Stiglitz/Rosengard.