european public procurement law the public sector procurement directive 2014 24 eu explained through 30 years of case law by the court of justice of the european union

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European Public Procurement Law

Author : Constant de Koninck
ISBN : 9041154213
Genre : Government purchasing
File Size : 51. 36 MB
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European Public Procurement Law combines the full text of the new Public Sector Procurement Directive 2014/24/EU with excerpts from 145 relevant judgments rendered by the Court of Justice of the European Union during the period 1982-2014. Constant De Koninck, Thierry Ronse and William Timmermans provide commentary on the impact of the Public Sector Procurement Directive 2014/24/EU and analysis of the case law. An insightful overview of the key changes introduced by the Directive is also included. This new edition connects the reader with the relevant CJEU case law, which has been instrumental in interpreting the public procurement legal framework. It is intended for legal practitioners and has a clear practical use for officials who have to ensure that contracts are awarded in an open, fair and transparent manner, allowing domestic and nondomestic firms to compete for business on an equal basis, all this within the EU legal framework and in compliance with the new Public Sector Procurement Directive 2014/24/EU.

Public Procurement And The Eu Competition Rules

Author : Albert Sánchez Graells
ISBN : 9781509900282
Genre : Law
File Size : 73. 51 MB
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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.

Enforcement Of The Eu Public Procurement Rules

Author : Steen Treumer
ISBN : 8757423288
Genre : Law
File Size : 30. 43 MB
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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.

The In House Providing In European Law

Author : ... Comba-Treumer
ISBN : 8757421684
Genre : Law
File Size : 81. 27 MB
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The distinction between in-house and ex-house providing is fundamental and is well known in practice and theory. It is of utmost importance, as the consequence of the categorization of an arrangement as "in-house" is, that it falls outside of the scope of the EC public procurement rules. However, for various reasons, it is often very difficult to establish whether an arrangement is in-house or not. The case law from the European Court of Justice on this subject is highly complex, whereas the case law at national level is sparse. Furthermore, the legal literature both at national and international levels has been relatively limited. This book deals with in-house in a broader perspective and looks into the interpretation, implementation, and practice at the national level in a range of Member States. This book is the first in the new European Procurement Law series, which will contribute to a strengthened dialogue between the various legal cultures in the field of procurement.

Eu Public Procurement Law

Author : Christopher Bovis
ISBN : 9780857938428
Genre : Political Science
File Size : 20. 15 MB
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ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis 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.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Inter Municipal Cooperation In Europe

Author : Rudie Hulst
ISBN : 9781402053795
Genre : Business & Economics
File Size : 78. 80 MB
Format : PDF
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This book presents an overview of inter-municipal cooperation in eight European countries. Each country study sketches its attendant forms, their institutional design, the tasks and competencies attributed to joint authorities of municipalities and the way inter-municipal cooperation operates in practice. Both performance and democratic aspects of cooperation are recurring topics.

The Disqualification Triad

Author : Gert Vermeulen
ISBN : 9789046605219
Genre : Law
File Size : 62. 10 MB
Format : PDF
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In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)

Reneual Model Rules On Eu Administrative Procedure

Author : Paul Craig
ISBN : 9780198795308
Genre :
File Size : 70. 30 MB
Format : PDF
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This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

The Law Of Green And Social Procurement In Europe

Author : Roberto Caranta
ISBN : 8757423253
Genre : Law
File Size : 89. 59 MB
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This Publication is the second in the European Procurement Law Series. European institutions have developed common principles and rules which are applicable all over the EU. While in some cases rules and practice from some Member States may have influenced the developments of public procurement law at EU level, European provisions will more often be divergent from the rules previously in force in most Member States. Once they penetrate the domestic legal orders, the sources of European law interact with national law. The Series will explore how and to what extent the national laws of a number of Member States have tried to accommodate European rules and principles. The Main Objective of public procurement regulation is to provide the government with the supplies, services, and works it needs to operate. This primary objective is connected to the principle of value for money and for the European Union with the aim to ensure the functioning of the internal market in public procurement. However, other objectives related to environmental and social concerns have always played a role as well. These range from the award of contracts to workshops for the disabled to strict environmental specifications. These 'secondary' or 'horizontal' objectives, also referred to as 'green procurement', 'sustainable procurement' or 'social procurement', are the subject of this book. The analysis covers the European Union internal market law of green and social procurement with emphasis on the interpretation, implementation and practice in a range of Member States of the EU and includes a comparative study.

The Waste Market

Author : Elbert Dijkgraaf
ISBN : 9781402087110
Genre : Business & Economics
File Size : 51. 68 MB
Format : PDF
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E. Dijkgraaf and R. H. J. M. Gradus 1. 1 Introduction In 2004 Elbert Dijkgraaf nished a PhD-thesis ‘Regulating the Dutch waste market’ at the Erasmus University Rotterdam. It was interesting that not much is published about the waste market, although it is a very important sector from an economic and environmental viewpoint. In 2006 we were participants at a very interesting conf- ence on Local Government Reform: privatization and public-private collaboration in Barcelona organized by Germa ` Bel. It was interesting to notice that researchers from Spain, Scandinavian countries, the UK and the USA were studying this issue as well. From this we brought forward the idea to publish a book about the waste market. Because of its legal framework we want to focus on Europe. In this chapter we give an introduction to this book. In the next paragraph we present a short overview of the waste collection market. Since 1960 the importance of the waste sector has increased substantially both in the waste streams and the costs of waste collection and treatment. Furthermore, we discuss policy measures to deal with these increases and give an overview of the different measures in - countries. In the last paragraph we present different chapters of our book. 1. 2 Empirical Update of the Waste Collection Market The Dutch case provides a nice example why studying the waste market is int- esting from an economic point of view.

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