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Author: Ignacio Herrera Anchustegui Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Centralized purchasing benefits contracting authorities and society in general as it may reduce purchasing prices and transaction costs, lead to administrative economies of scale, and help specializing procurement officers across Member States. Centralization techniques are also used to pursue broader economic goals, such as fostering innovation, create competitive markets and sustain development. Directive 2014/24 reinforces the impulse given to central purchasing bodies due its popularity and establishes two different types: either wholesalers/wholebuyers or intermediaries that carry out procurement on behalf of other contracting authorities. However, the competitive benefits that may be generated by centralization can also be eroded by its abuse and inadequate implementation, particularly when dynamic efficiency is jeopardized by focusing on pure cost-saving and short term results. This paper addresses the benefits and concerns derived from centralized purchasing from a microeconomic and legal perspective and proposes that centralization should be carried out in a pro-competitive manner with an emphasis on long term efficiency, benefiting all stakeholders, and not purely tender cost saving. To do so, central purchasing bodies and their purchasing power should be regulated by adopting conducts in line with competitive standards and public procurement "best-practices" guaranteeing that buyer power is not abused and the competitive playing field is preserved.
Author: Ignacio Herrera Anchustegui Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Centralized purchasing benefits contracting authorities and society in general as it may reduce purchasing prices and transaction costs, lead to administrative economies of scale, and help specializing procurement officers across Member States. Centralization techniques are also used to pursue broader economic goals, such as fostering innovation, create competitive markets and sustain development. Directive 2014/24 reinforces the impulse given to central purchasing bodies due its popularity and establishes two different types: either wholesalers/wholebuyers or intermediaries that carry out procurement on behalf of other contracting authorities. However, the competitive benefits that may be generated by centralization can also be eroded by its abuse and inadequate implementation, particularly when dynamic efficiency is jeopardized by focusing on pure cost-saving and short term results. This paper addresses the benefits and concerns derived from centralized purchasing from a microeconomic and legal perspective and proposes that centralization should be carried out in a pro-competitive manner with an emphasis on long term efficiency, benefiting all stakeholders, and not purely tender cost saving. To do so, central purchasing bodies and their purchasing power should be regulated by adopting conducts in line with competitive standards and public procurement "best-practices" guaranteeing that buyer power is not abused and the competitive playing field is preserved.
Author: Caranta, Roberto Publisher: Edward Elgar Publishing ISBN: 1789900689 Category : Law Languages : en Pages : 1040
Book Description
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.
Author: Albert Sanchez-Graells Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it focuses in economic and administrative aspects. It then proceeds to a summary overview of the new rules for the aggregation of public procurement in Directive 2014/24, and emphasised how the Directive is expressly recognising possibilities that clearly exceed the more modest approach in Directive 2004/18. Moving on, it then focusses on the potential justification for certain activities now permitted by the 2014 rules, and engages in a critical assessment of their competitive impact. The paper briefly highlights the far-reaching and not necessarily positive implications that a maximisation of the centralisation and aggregation possibilities under Directive 2014/24 could have, and proposes that strict competition law enforcement will be necessary to avoid undesired consequences. Some suggestions for further research are provided by way of conclusions.
Author: Albert Sánchez Graells Publisher: Bloomsbury Publishing ISBN: 1782259996 Category : Law Languages : en Pages : 626
Book Description
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.
Author: Christopher Bovis Publisher: Edward Elgar Publishing ISBN: 1781953260 Category : Law Languages : en Pages : 665
Book Description
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.
Author: Grith Skovgaard Ølykke Publisher: Edward Elgar Publishing ISBN: 1785361813 Category : Government purchasing Languages : en Pages : 439
Book Description
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Author: Albert Sánchez Graells Publisher: Bloomsbury Publishing ISBN: 1509900284 Category : Law Languages : en Pages : 1044
Book Description
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.
Author: Risvig Hamer, Carina Publisher: Edward Elgar Publishing ISBN: 1800370415 Category : Law Languages : en Pages : 368
Book Description
This timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK.
Author: Ignacio Herrera Anchustegui
Author: Ignacio Herrera Anchustegui
Author: Caranta, Roberto
Author: Dagne Sabockis
Author: Albert Sanchez-Graells
Author: Yseult Marique
Author: Albert Sánchez Graells
Author: Christopher Bovis
Author: Grith Skovgaard Ølykke
Author: Albert Sánchez Graells
Author: Risvig Hamer, Carina