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Every year, public authorities in the EU spend around 14% of GDP (around EUR 2 trillion per year) on the purchase of services, works and supplies. High quality public services depend on modern, well-managed and efficient procurement. Improving public procurement can yield big savings: a 1% efficiency gain could save EUR 20 billion per year.
Space is a matter of strategic importance and in need of concerted action by the European space actors. Distinct approaches to public procurement must not hamper the cooperation between the European Space Agency, the European Union and their respective Member States. The study provides a toolbox for space procurement that addresses specificities of this sector. Each tool is assessed in light of policy objectives, market conditions and the legal frameworks of the European Union and the European Space Agency. A discussion on selected means of policy implementation other than procurement, so-called Extra-Procurement Instruments, complements this toolbox. The Third Way in European space procurement caters for both coherence and flexibility needs and is intended to serve policy-makers as they finally make "Europe in Space" a reality.
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes. Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read. Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff
This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.
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.
The procurement of goods and services by EU governments and other national entities offering public services is regulated by rules which are laid down in a series of EU Directives and interpretative guidelines. The procurement of similar goods and services by the Commission and other Community institutions is subject to a different set of rules. This book examines those different rules. The procurement of goods and services by Community institutions and agencies is subject to the general principles of EU law including transparency, non-discrimination, proportionality, and equal treatment. There are, in addition, two basic Regulations which cover the Community's financial order: the Financial Regulation and the Implementing Regulation, both of which have specific provisions on public contracts. The procurement rules set down for Community institutions are often more detailed than those set out in the public procurement Directives. This is because the Directives set out objectives to be achieved by Member State governments. The Directives implicitly rely, for their implementation, to a large degree, on pre-established Member State rules. With Community procurement, on the other hand, it has been necessary to regulate, for all the detailed rules and procedures as the Community institutions, when acting on their own behalf, cannot rely on pre-existing national rules. For ease of reference, this book is divided into chapters which look at different aspects of the EU institution procurement procedures, as well as the remedies and penalties which might be applicable when breaches occur. Each of these chapters is designed to be read as a stand alone examination. Each chapter sets out the basic rules set out in the Financial Regulation and refer to the relevant articles in the Implementing Regulation. The text of the Implementing Regulation is set out in an annex. In addition, reference is made to the rules set out in the Practical Guide to Contract Procedures for EC External Actions in case of external procurement. These basic rules are then subject to comments including reference to the general principles of law applicable and any relevant cases before the European Courts in Luxembourg. That being said, this book is intended for the layman.
Procurement law is rising in importance year after year. According to the European Commission, public procurement now accounts for over 14% of the EU's gross domestic product. Also at the ECB, spending through procurement is growing, and the evolution of its procurement law from non- binding internal guidelines to a transparent and comprehensive legal framework is a clear reflection of this development. The purpose of this working paper is to summarise the legal framework for public procurement at the ECB, to compare it to the procurement rules of other EU institutions, and to analyse four key issues in contract award procedures, with due regard to the EU procurement directives and the case law of the Court of Justice of the EU. Due to its specific legal status and organisational autonomy, the ECB can define and adopt its own procurement rules. It is not subject to the EU procurement directiv es. They are addressed to Member States and not to EU institutions. The ECB is also not bound by the EU Financial Regulation, which applies to most other EU institutions financed from the EU budget. The working paper starts with a look back on the evolutio n of the ECB's procurement rules since the establishment of the bank in 1998. We then analyse the current framework, laid down in Decision ECB/2016/2, in more detail. The second chapter summarises public procurement rules of other EU institutions, namely, the Financial Regulation and the procurement guide of the European Investment Bank which, like the ECB, is not subject to the Financial Regulation. The third chapter analyses how the differences in these legal frameworks affect procurement procedures in pr actice, with a focus on four key aspects of the award process: selection and award criteria, transparency and publication, proportionality and legal remedies. The working paper concludes with a comparative summary of the current state of public procurement law at the EU institutions.
Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inquiry looks for ways to encourage innovative suppliers. Here, the collected authors draw on emerging lessons from the US and Europe, to explore both the costs and the benefits of spurring innovation through procurement. A third perspective looks to various innovations in the procurement process itself, with a focus on the effects of joint and cross-border procurement in the EU and US landscapes. The chapters review new technologies and platforms, the increasingly automated means of selecting suppliers, and the related efficiencies that “big data” can bring to public procurement. Expanding on research in the editors’ prior volume, Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant 2014), this volume builds on a series of academic conferences and exchanges to address these issues from sophisticated academic, institutional and practical perspectives, and to point the way to future research on the contractual models that are emerging from new procurement technologies.
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.