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EU Public Contract Law

EU Public Contract Law PDF Author: Roberto Caranta
Publisher: Primento
ISBN: 2802741675
Category : Law
Languages : en
Pages : 502

Book Description
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.

EU Public Contract Law

EU Public Contract Law PDF Author: Roberto Caranta
Publisher: Primento
ISBN: 2802741675
Category : Law
Languages : en
Pages : 502

Book Description
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.

Public Procurement and the EU Competition Rules

Public Procurement and the EU Competition Rules PDF 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.

The Applied Law and Economics of Public Procurement

The Applied Law and Economics of Public Procurement PDF Author: Gustavo Piga
Publisher: Routledge
ISBN: 1136217770
Category : Business & Economics
Languages : en
Pages : 321

Book Description
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 represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Foundations of Public Contracts

Foundations of Public Contracts PDF Author: Giacomuzzi, José G.
Publisher: Edward Elgar Publishing
ISBN: 1800880928
Category : Law
Languages : en
Pages : 288

Book Description
This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.

Joint Public Procurement and Innovation

Joint Public Procurement and Innovation PDF Author: Gabriella Margherita Racca
Publisher: Bruylant
ISBN: 2802765299
Category : Law
Languages : en
Pages : 534

Book Description
Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inquiry looks for ways to encourage innovative suppliers. Here, the collected authors draw on emerging lessons from the US and Europe, to explore both the costs and the benefits of spurring innovation through procurement. A third perspective looks to various innovations in the procurement process itself, with a focus on the effects of joint and cross-border procurement in the EU and US landscapes. The chapters review new technologies and platforms, the increasingly automated means of selecting suppliers, and the related efficiencies that “big data” can bring to public procurement. Expanding on research in the editors’ prior volume, Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant 2014), this volume builds on a series of academic conferences and exchanges to address these issues from sophisticated academic, institutional and practical perspectives, and to point the way to future research on the contractual models that are emerging from new procurement technologies.

Contract Changes

Contract Changes PDF Author: Dacian C. Dragos
Publisher: Edward Elgar Publishing
ISBN: 180037559X
Category : Law
Languages : en
Pages : 275

Book Description
Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.

Public Private Partnerships

Public Private Partnerships PDF Author: Sara Valaguzza
Publisher: Edward Elgar Publishing
ISBN: 1789903734
Category : Law
Languages : en
Pages : 256

Book Description
This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

The Public-private Law Divide

The Public-private Law Divide PDF Author: Matthias Ruffert
Publisher: BIICL
ISBN: 9781905221349
Category : Law
Languages : en
Pages : 352

Book Description
"This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.

Public Procurement Law

Public Procurement Law PDF Author: Duncan Fairgrieve
Publisher: Bloomsbury Publishing
ISBN: 1847318673
Category : Law
Languages : en
Pages : 248

Book Description
Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Centralising Public Procurement

Centralising Public Procurement PDF 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.