By Christopher H. Bovis
Approval for first edition:
'This booklet will function a vital source for a person attracted to the criminal regime of public procurement. It bargains a finished and topical research of european legislations and its interplay with nationwide legislation and rules in a space of becoming monetary importance.'
- Ruth Nielsen, Copenhagen enterprise university, Denmark
In this totally revised and up to date variation, Christopher Bovis presents a close, severe, concise and obtainable assessment of the general public procurement felony framework and its interplay with regulations in the ecu Union and the Member States.
Public procurement represents a necessary a part of the only industry undertaking, introduced by way of ecu associations in 2011. Its law will insert pageant and transparency available in the market and be a protect to the attainment of primary rules of the Treaties. This booklet demonstrates the effect of the suitable Directives on Member States during the improvement of the case legislations of the ecu court docket of Justice and assesses the judicial overview of public contracts at nationwide point. It positions public procurement on the centre of the criminal and coverage debate surrounding the supply of public companies and the development of competitiveness and business coverage within the european. The publication highlights the pivotal function of public procurement for the Europe 2020 development Strategy.
Demonstrating the strategies and ideas of public procurement, this finished booklet may have a powerful entice educational researchers, legal professionals, judges, practitioners, and policymakers on the eu, foreign and nationwide degrees in addition to scholars of legislation, coverage and management.
Contents: Preface creation 1. Public Procurement and the only marketplace 2. The criminal Framework of Public quarter Procurement three. The felony Framework of Utilities Procurement four. Redress and treatments in Public Procurement five. The Doctrines and ideas of Public Procurement 6. The concept of Contracting professionals 7. The proposal of Public Contracts eight. The Award of Public Procurement Contracts nine. Procurement and Partnerships end Index
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Additional info for EU Public Procurement Law: Second Edition (Elgar European Law series)
Public markets require a positive regulatory approach in order to enhance market access. Whereas anti-trust and the neo-classical approach to economic integration depend heavily on price competition, public procurement regulation requires a system which primarily safeguards market access. In the author’s argument, such regulatory system could be described as public competition law. The above scenario represents a departure from the stricto sensu neo-classical perspective of public procurement. A policy orientation has emerged mainly through the jurisprudential approach of the regime and the willingness of the Court to expand on the element of flexibility that is inherent in the public procurement Directives.
53 See Commission Interpretative Communication on the Community law applicable to public procurement and the possibilities for integrating social considerations into public procurement, COM (2001) 566, 15 October 2001. Also, Commission Interpretative Communication on the Community law applicable to public procurement and the possibilities for integrating environmental considerations into public procurement, COM(2001) 274, 4 July 2001. Public procurement and the single market 27 process; the second regards public procurement as an instrument of contract compliance; last, the ordo-liberal perspective can reveal a rule of reason in public procurement, where the integration of public markets in the European Union serves as a conveyor belt of common policies, such as environmental policy, consumer policy, social policy, industrial policy and takes into account a flexible and wider view of national and community priorities, and a type of ‘European public policy’.
40 Public markets are fora where the structural and behavioural remedial tools of competition law also apply. However, they focus on the supply side (the industry) which ipso facto is subject to the relevant rules relating to cartels and abusive dominance. There is a conceptual difference relating to the application of anti-trust in public markets. The demand side (the public sector, the state and its organs) can hardly be embraced by its remit, except in the case of state aid and illegal subsidies.