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This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.
Using federal procurement of computer systems, the author shows the effects of practices designed to prevent collusion between vendors and officials.
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.
'Graycar and Smith's excellent edited volume studies corruption as a pervasive, global phenomenon. The chapters move from general overviews to in-depth studies of corruption-prone sectors such as forestry, financial markets, public procurement, and trade in diamonds and art. The volume is an important, contribution to the international study of corruption that mixes scholarly analysis with practical recommendations for the control and prevention of corruption – both international initiatives and country – or sector-specific policies.' – Susan Rose-Ackerman, Yale Law School, US 'Corruption is on top of the agendas of practitioners and scholars in public administration all over the world. This volume addresses questions no one can neglect and comes up with answers we should not miss.' – Leo Huberts, VU University Amsterdam, The Netherlands 'This Handbook will serve as an invaluable resource for scholars, students and public officials interested in understanding corruption and its control.' – James B. Jacobs, NYU School of Law, US Corruption is a global phenomenon with costs estimated to be in the trillions of dollars. This source of original research and policy analysis deals with the most important concepts and empirical evidence in foreign corrupt practices globally. Handbook of Global Research and Practice in Corruption includes research from all continents and provides a critical analysis of the key issues of corruption and its control. Through rigorous analysis and theoretical foundations, this book provides a multi-disciplinary and international account of corruption from the perspectives of public policy, criminal law and criminology, as well as considering principles of prevention and control in both the public and private sectors. With original and empirical analyses, this unique book will appeal to academics, researchers and students in international business and international law, staff of crime and corruption commissions and police integrity agencies, as well as international organisations such as the World Bank, IMF, Transparency International and the World Economic Forum.
Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.
The nexus between EU public procurement law and self-organisation of the Member States and their public authorities in the European Union is often misunderstood. This book is the fi rst comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It creates food for thought to improve the law. This book offers in-depth studies on how EU public procurement law interacts with the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalised cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinised. Based on qualitative and comparative research, it provides a detailed discussion of these exclusions and exemptions from EU public procurement law in light of the 2014 Directives on public procurement, the case-law of the Court of Justice of the European Union and the Dutch Courts, and other relevant sources. Timely and engaging, this book will appeal to academic scholars, legislators and practitioners interested in gaining a deeper understanding of the scope of EU public procurement law. Exploring the discretionary power for public authorities to organize themselves, it will also inform these authorities when they aim to provide services with their own resources or in cooperation with other authorities. Similarly, it informs third parties that want to uphold the obligations of the law before the courts.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.