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Reformation or Deformation of the EU Public Procurement Rules

2016-11-25 Government purchasing
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Release : 2016-11-25
Genre : Government purchasing
Kind : eBook
Book Rating : 813/5 ( reviews)

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Book Synopsis Reformation or Deformation of the EU Public Procurement Rules by : Grith Skovgaard Ølykke

Download or read book Reformation or Deformation of the EU Public Procurement Rules written by Grith Skovgaard Ølykke. This book was released on 2016-11-25. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Public Contract Law

2013-12-13 Law
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Release : 2013-12-13
Genre : Law
Kind : eBook
Book Rating : 675/5 ( reviews)

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Book Synopsis EU Public Contract Law by : Roberto Caranta

Download or read book EU Public Contract Law written by Roberto Caranta. This book was released on 2013-12-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Enforcement of the EU Public Procurement Rules

2011 Government purchasing
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Release : 2011
Genre : Government purchasing
Kind : eBook
Book Rating : 280/5 ( reviews)

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Book Synopsis Enforcement of the EU Public Procurement Rules by : Steen Treumer

Download or read book Enforcement of the EU Public Procurement Rules written by Steen Treumer. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reforming Public Procurement Law

2024-07-04 Law
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Release : 2024-07-04
Genre : Law
Kind : eBook
Book Rating : 008/5 ( reviews)

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Book Synopsis Reforming Public Procurement Law by : Annamaria La Chimia

Download or read book Reforming Public Procurement Law written by Annamaria La Chimia. This book was released on 2024-07-04. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

European Public Procurement Law

2009-01-01 Law
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Release : 2009-01-01
Genre : Law
Kind : eBook
Book Rating : 425/5 ( reviews)

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Book Synopsis European Public Procurement Law by : Constant de Koninck

Download or read book European Public Procurement Law written by Constant de Koninck. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 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 Justiceand’s 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 1993and–2008 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 and‘realityand’ 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.

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