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This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which repr...
Examines the legal rules on competitive dialogue, both at EU level and in the legal systems of EU Member States.
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive inc...
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.
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 foste...
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which repr...
This seventh volume of the European Procurement Law Series contains an in-depth analysis of the qualification phase-exclusion, qualification, selection, and shortlisting. The topic is of crucial importance in EU tender procedures and has been considered in numerous disputes in the EU. This volume supplements the fifth volume about the award phase. It considers the implications of the new public procurement directive, with focus on the qualification phase, and includes an analysis of the implementation of the new directive in a range of Member States. The publication follows an original comparative approach covering diversified national approaches to EU public procurement law. It provides the...
Public Procurement Law Review
31 March 2004 the EU adopted two new public procurement directives: one for the public sector (2004/18/EC) and one for utilities (2004/17/EC). The new directives aim at simplification and modernisation of the previously existing directives including adaptation to electronic purchasing techniques. On 4-5 November 2004 the Copenhagen Business School organised a European research conference on the new directives. The conference focused on a number of topics which are of particular interest within the field of procurement law in EU these years, including ECJ case law, utilities, electronic auctions, transparency requirements, competitive dialogue, framework agreements, use of social and environmental criteria, Partnering and Public Private Partnerships and concessions. This book contains contributions based on presentations given by a number of the international and Danish speakers at the conference.
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.