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First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.
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.
This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotion of competition, employment, social policy, and environmental protection. The author vividly elaborates on the in-built flexibility of the newly enacted rules and provides a codified analysis of their interpretation by the EU judiciary. Finally, considerable debate is dedicated to future dimensions of public procurement regulation in the form of public private partnerships and concessions.
Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.
This book includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement.
This volume considers how different jurisdictions are integrated economically whilst at the same time maintaining regulatory pluralism and diversity.
This publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.
Green purchasing - or eco-procurement - by local and central governments has long been recommended in documents such as Agenda 21 to be a key - although sometimes supplemental-ingredient in the achievement of more environmentally responsible economies. Certainly, sustainable consumption cannot be considered a realistic goal without the full engagement of public authorities. Many initiatives have been undertaken in OECD countries, most successfully in Japan and Denmark where green public purchasing has been proven to be workable and highly effective, while, in other countries, city municipalities have successfully pioneered the development of sophisticated public environmental purchasing policies. However, for the vast majority of countries and their major cities, the potential for green public purchasing remains woefully untapped. A key question is what would be the environmental impact if the majority of cities in Europe replicated the success stories of those leading the way? Public procurement has, after all, been an important tool in achieving other public policy goals such as defence. Why should it not be used as a tool to defend the environment? The RELIEF project, funded by the EU's "City of Tomorrow and Cultural Heritage" programme was established to answer exactly this question: to define the true potential of eco-procurement and to develop a strategy for change in Europe. Buying into the Environment is the result of the research segment of the project which has now been completed. A further stage-to design a Europe-wide action plan will follow in 2004. The book, organised under the auspices of the International Council on Local Environmental Initiatives (ICLEI) analyses national approaches already tested, and provides in-depth surveys on the pioneer cities such as Hamburg, Malmo and Zurich. Serious attention is given to city-specific hurdles which have been faced and overcome. The most relevant product groups for eco-procurement such as construction, transport, energy, information technology, furniture and food. are also analysed. Uniquely, the book also provides calculations on the environmental benefits potentially achievable through greener purchasing. Tools were developed and tested by the RELIEF researchers on the environmental assessment of products, public buying power and on evaluations of market conditions in order to provide scenarios for the application of green purchasing at a European level. The conclusions are that there is huge potential for both local and central governments to adapt their behaviour patterns and purchase in a more environmentally responsible way. For example, 18% of the EU's Kyoto Protocol commitment could be achieved if major cities in the European Union purchased green electricity. The results are complemented by new ideas on how best to foster innovation in public contractual arrangements-to encourage the development of products such as super-energy-efficient computers and fuel cells-and how the legal system may require adaptation and reform. The results presented in this book will provide an indispensable resource for municipalities, governments, researchers and business practitioners looking for answers on how public procurement can have a fundamental and manifestly positive effect on the environment.
This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.
Providing a one-stop shop, multi-disciplinary approach to public procurement, Public Private Partnerships in the European Union offers its readers a practical description and analysis of the relevant policies, law and jurisprudence and explores possible future trends in public procurement regulation.