Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Damages in EU Public Procurement Law PDF full book. Access full book title Damages in EU Public Procurement Law by Hanna Schebesta. Download full books in PDF and EPUB format.
Author: Hanna Schebesta Publisher: Springer ISBN: 3319236121 Category : Law Languages : en Pages : 244
Book Description
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Author: Hanna Schebesta Publisher: Springer ISBN: 3319236121 Category : Law Languages : en Pages : 244
Book Description
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Author: Duncan Fairgrieve Publisher: Bloomsbury Publishing ISBN: 1847318479 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.
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 Sanchez-Graells Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that this position is flawed because it deviates from previous case law of the Court of Justice of the European Union (Spijker), and because it is based on interpretive errors and internal contradictions in the EFTA Court's reasoning. In criticising the EFTA Court's Judgment from the perspective of the harmonisation of EU law, I rely on the better view of the UK Supreme Court. The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Authority). My reflections are based on the need to keep procurement damages litigation constrained to its main function and limited to justified cases. I use this normative position to argue against the expansion of private enforcement of EU public procurement law as a correction of the shortcomings in its public enforcement.
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.
Author: Christopher Bovis Publisher: Edward Elgar Publishing ISBN: 1847205259 Category : Political Science Languages : en Pages : 510
Book Description
This 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. Ruth Nielsen, Copenhagen Business School, Denmark EU Public Procurement Law addresses one of the most important areas of European integration. With a magnitude approaching 1 trillion euros in supplies, works and services and representing almost 12 percent of the European Union s GDP, public procurement regulation represents a key objective of the vision of the European Union in becoming the most competitive economy in the world by 2010. In this book, Christopher Bovis offers a clear and lucid assessment of the new public procurement legal framework and its interplay with policy within the European Union and the member states. The new regime is based on three principles: simplification, modernization and flexibility, and the book considers the new directives which are intended to simplify and modernize a regulatory regime that aims to gradually establish a public market in the European Union. The book exposes the instrumental role of the European Court of Justice in shaping many of the newly introduced concepts in public procurement regulation. Finally, the author provides for the most comprehensive taxonomy and codification of case law on public procurement. This comprehensive overview of enforcement and compliance of public procurement at European and national levels will be of great interest to academic researchers and lawyers within the EU, USA, Canada and other continents. It will also appeal to postgraduate students in law, policy, and management, judges at the European Court of Justice and national courts, and policy makers at European, international and national levels.
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: Constant de Koninck Publisher: Kluwer Law International B.V. ISBN: 9041128425 Category : Law Languages : en Pages : 610
Book Description
The European directives on public procurement do not contain any specific provisions ensuring their effective application. These provisions can be found in the Public Sector Remedies Directive 89/665/EEC and the Utilities Remedies Directive 92/13/EEC, as these directives have recently been amended by Directive 2007/66/EC. These measures provide means of redress for tenderers who have been prejudiced by a breach of the EU rules on public procurement. Following the highly user-friendly approach of its Part I predecessor and which cited and analyzed the Court of Justiceands case law concerning the substantive EU procurement rules laid down in the Public Sector Directive and the Utilities Directives and this book combines and links the full texts of the procurement remedies directives with 31 pertinent judgements issued by the Court of Justice of the European Communities. In one easy-to-use volume this book provides: full texts of the the Public Sector Remedies Directive and the Utilities Remedies Directive, with the articles of these directives linked to the relevant Court of Justice case law; in-depth analysis of 31 judgements rendered by the Court of Justice in the period 1993and2008 in connection with subject matter treated by the articles of the two directives; expert discussion of major innovations introduced by Amending Directive 2007/66/EC, with analysis of its ratio legis and full text; essential excerpts from the chronologically ordered judgments, with each excerpt preceded by an overview of the subject matter and points of law treated in the judgment; pertinent passages of the opinions of the Advocate General; and an exhaustive subject index. By thus combining the theory and andrealityand of European procurement law the book not only saves readers time and effort, but also provides profound and practical insight into the Remedies Directives and the important rights and obligations which they create. The pursuit of remedies for breaches of the EU procurement rules is a topic of high interest to public authorities and their suppliers, contractors and service providers across Europe. This book will be of great value to practitioners and to officials charged with ensuring that decisions taken by the public contracting authorities and entities may be reviewed effectively and rapidly, thus building confidence among businesses and the public that public procurement procedures are fair.
Author: Arie Reich Publisher: ISBN: Category : Languages : en Pages : 66
Book Description
Damages are formally part of the arsenal of remedies that an aggrieved bidder in a public procurement procedure may use in most jurisdictions, such as the EU, the US and Israel. It is also required by the WTO Agreement on Government Procurement. This remedy could have a critical role to play both in the encouragement of potential suppliers to invest in participation in the tender, as well as in curtailing and deterring improper or corrupt behavior by procuring agencies. However, in order for that to happen, the damages that are awarded must be effective and deterring. In spite of the great promise that such damages hold in encouraging greater competition in contracting and in reducing irregularity, the current rules that apply to the award of damages both in Israel and in the European Union have made this remedy ineffective and non-deterrent. After reviewing these rules and court rulings, this paper proposes changes aimed at improving the effectiveness of damages in public procurement so as to turn them into a deterrent factor in the fight against corruption and to contribute to the establishment of a more efficient and equitable procurement system. After discussing the rationales for awarding damages when procurement rules have been violated, we argue that when a material infringement of these rules have been proven, aggrieved bidders should be entitled to expectation damages, that is, pecuniary compensation assessed according to the lost profits. In order to overcome the difficulty of proving the causal link between the breach of the procurement rules and the plaintiff's loss of the contract, we propose to adopt an approach whereby damages are assessed based on the probability that the plaintiff's bid would have won the contract. In other words, the article advocates applying the approach of damage assessment based on probability, which until now has been considered and adopted by some jurisdiction mainly in contract and tort cases, also in public procurement cases. We also propose to reverse the burden of proof in this matter so as to create the proper incentive for the procuring agency to reveal all relevant information in court.
Author: Hanna Schebesta
Author: Hanna Schebesta
Author: Duncan Fairgrieve
Author: 
Author: Grith Skovgaard Ølykke
Author: Albert Sanchez-Graells
Author: Roberto Caranta
Author: Christopher Bovis
Author: Christopher Bovis
Author: Constant de Koninck
Author: Arie Reich