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European Public Procurement
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
Public Services and EU Competition Law
This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal...
Liberalising Trade in the EU and the WTO
This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other.
Combating Collusion in Public Procurement
This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.
Sustainable Trade, Investment and Finance
Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'
The European Union's Emerging International Identity
The European Union officially acquired international legal personality with the entry into force of the Lisbon Treaty. Since then, the constitutional foundations of EU external relations have received an ever-greater amount of scholarly attention. So far however, the body of knowledge has remained limited with regard to how the Union is actually being perceived on the global scene. Moreover, its dealings with other international organizations constitute a similar, still underexplored topic. The European Union's Emerging International Identity breaks new ground by addressing both these themes in combination. The resulting volume offers an innovative inquiry into the EU’s image and status, based on a select number of studies of its position and functioning within the framework of eight international organizations.
Legal Systems and Wind Energy
Compares the legal frameworks in Denmark, New Zealand, Norway, and the United States relevant to the development of wind energy.
WTO Law
The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within thi...
EU Dumping Determinations and WTO Law
The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.
Regulating Competition in the EU
This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger...
