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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 paper offers a cursory overview of the rules applicable to transparency and disclosure of documents in the context of public procurement of the EU Institutions under the rules of the Financial Regulation, its Rules on Implementation, and the EU FOIA Regulation (Reg 1049/2001). The paper pays particular attention to the protection of commercial interests and business secrets in the context of procurement debriefing. It forms part of a larger comparative law project carried out by the European Procurement Law Group.
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.
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.
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.
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.
Public spending through public procurement sums up to about 14% of the EU GDP (European Commission 2017a) which equals to roughly EUR 2000 billion making it one of the most substantial components of public budgets. Already in its 1996 green paper on "Public Procurement in the European Union" the European Commission (1996) pointed out that "[a]n effective public procurement policy is fundamental to the success of the single market in achieving its objectives". Even though the internet was still in its infancy, electronic procurement was already considered the future of public procurement.
Transparency in EU Public Procurement regime can be divided into advertising obligations under the EU Procurement Directives and access to documents under national laws of Member States. Due to limited EU rules on post-award transparency the disclosure rules are subject to national laws. Here history, political development, divisions to private and public law traditions as well as the tendency for corruption seems to have affected to the level of transparency in each Member State. This paper provides a comparative analysis and discusses certain differences of national transparency rules including their objectives, scope, active publication obligations as well as some commercial concerns in public procurement regime.