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Social and Environmental Policies in EC Procurement Law
In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives.
However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States' procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC's new (2004) procurement directives, important issues remain unresolved. This volume focusses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities.
eBook
Public Procurement Law
Public procurement represents more than 15% of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also fast-growing, not least in the area of remedies for breach of procurement rules. The European directive of December 11, 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent, and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The volume’s contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics, and practitioners.
eBook
The Applied Law and Economics of Public Procurement
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the \"First Symposium on Public Procurement\", a conference held in Rome last summer and to be repeated again yearly.
As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided:
Competitive dialogue and contractual design fostering innovation and need analysis,
Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV's from award criteria,
Retendering a contract for breach of procurement rules or changes to contract (contract execution),
Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.
eBook
EU Public Procurement Law & Self-organisation
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 first comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It 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, this book 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.
eBook
Praxiswissen Vergaberecht: Die aktuellen Grundlagen
Procurement law is one of the most complicated areas of the law and is undergoing constant change. Often, individuals who must apply the law in practice lack sufficient legal expertise. Oriented to practical concerns, this work presents procurement law in a systematic fashion and aims to furnish an overall understanding of this complex subject.
eBook
Deciding about Design Quality
In the past few years the image of tender procedures in which Dutch public clients selected an architect has been dominated by distressing newspaper headlines. Architects fear that the current tender culture will harm the quality of our built environment due to a potential lack of diversity, creativity and innovation in architectural design. Due to potential risks clients often allow legal requirements to overrule their actual wishes. This PhD research addresses the origin of the problems as currently experienced by public commissioning clients in architect selection and proposes pragmatic implications for future practice. It is therefore of interest for commissioning clients, management consultants, policy makers and legal advisors but also for designers and researchers in the field of architecture and decision making.
eBook
The power of the centre
The central governments of the member states play a crucial role in the transformation of EU public policy into reality. This book examines the way in which the Greek, French and British central governments perform this role.
eBook