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This detailed Commentary provides an authoritative interpretation
of each provision in the main EU Directive on public procurement -
Directive 2014/24/EU, and is rich in its critical analysis of the
provisions of the 2014 Directive and the case-law. The Commentary
also highlights the application problems and interpretative issues
being raised in EU Member States, which in due time will make their
way up to the CJEU or even require further legislative
interventions. Key features include: Updated to include the most
significant CJEU case law as of end-2020 Analysis that is informed
by the practical issues arising across the EU Member States, as
well as in the UK Written by a diverse pool of specialists in each
of the aspects of the Directive upon which they comment, with the
Commentary underpinned by their collective knowledge of public
procurement law in the old 28 EU Member States. Providing a
practice-oriented analysis that allows for a problem solving
approach, European Public Procurement will be particularly relevant
to practising lawyers including within the civil services in all EU
jurisdictions and the UK. The depth of analysis offered in the
Commentary will also be of great benefit to academics and
postgraduate students with an interest in public procurement and,
more generally, public law, administrative law and public
administration.
Using an innovative 'law and political science' methodology, this
timely book carries out a critical assessment of the reform of the
EU public procurement rules. It provides a rich account of the
policy directions and the spaces for national regulatory decisions
in the transposition of the 2014 Public Procurement Package, as
well as areas of uncertainty and indications on how to interpret
the rules in order to make them operational in practice. Most EU
law research focuses on the content of rules and the impact of case
law on their interpretation and application. It rarely discusses
how the CJEU's case law influences the creation of new rules, or
the way EU law-makers enact them - issues which, conversely, are a
staple for political scientists. By blending both approaches this
book finds that political science provides a useful framework to
describe the law making process and shows that the influence of the
CJEU was significant. Though the specific case studies identify
many reforms, the ultimate assessment is that EU public procurement
law was deformed. Offering a clear contribution to the emerging
scholarship on 'flexible' EU law-making, this book's novel
methodology will appeal to scholars and students of both law and
political science. Law and policy makers as well as legal
practitioners will also find its practical approach compelling.
At a time when public administrations are increasingly subjected to
transparency requirements this book provides timely analysis on the
role of transparency in the context of public procurement within
the EU. It provides a blend of theoretical analysis and practical
insights into the operation of freedom of information requirements
associated with the expenditure of public funds through purchasing,
contracting out and commissioning activities. The first part of the
book critically assesses a number of key issues surrounding
transparency in public procurement including: corruption
prevention, competition, commercial issues and access to remedies.
The second part of the book features contributions from leading
experts across ten European jurisdictions, providing a comparative
view of transparency requirements and freedom of information rules
in the context of public procurement. Overall the book provides a
conceptual framework to understand the relationship between
business secrets, freedom of information rules and the regulation
of public procurement across Europe. This book will be of interest
to scholars and students researching across public, administrative
and comparative law. Practising lawyers who are involved with
cross-border procurement tenders will also find this book to be a
useful resource as it provides a comprehensive overview of
regulatory standards at a national and European level.
Smart procurement aims to leverage public buying power in pursuit
of social, environmental and innovation goals. Socially-orientated
smart procurement has been a controversial issue under EU law. The
extent to which the Court of Justice (ECJ) has supported or rather
constrained its development has been intensely debated by academics
and practitioners alike. After the slow development of a seemingly
permissive approach, the ECJ case law reached an apparent turning
point a decade ago in the often criticised judgments in Ruffert and
Laval, which left a number of open questions. The more recent
judgments in Bundesdruckerei and RegioPost have furthered the ECJ
case law on socially orientated smart procurement and aimed to
clarify the limits within which Member States can use it to enforce
labour standards. This case law opens up additional possibilities,
but it also creates legal uncertainty concerning the interaction of
the EU rules on the posting of workers, public procurement and
fundamental internal market freedoms. These developments have been
magnified by the reform of the EU public procurement rules in 2014.
This book assesses the limits that the revised EU rules and the
more recent ECJ case law impose on socially-orientated smart
procurement and, more generally, critically reflects on potential
future developments in this area of intersection of several strands
of EU economic law.
Public procurement and competition law are both important fields of
EU law and policy, intimately intertwined in the creation of the
internal market. Hitherto their close connection has been noted,
but not closely examined. This work is the most comprehensive
attempt to date to explain the many ways in which these fields,
often considered independent of one another, interact and overlap
in the creation of the internal market. This process of convergence
between competition and public procurement law is particularly
apparent in the 2014 Directives on public procurement, which
consolidate the principle of competition in terms very close to
those advanced by the author in the first edition. This second
edition builds upon this approach and continues to ask how
competition law principles inform and condition public procurement
rules, and whether the latter (in their revised form) are adequate
to ensure that competition is not distorted. The second edition
also deepens the analysis of the market behaviour of the public
buyer from a competition perspective. Proceeding through a careful
assessment of the general rules of competition and public
procurement, the book constantly tests the efficacy of these rules
against a standard of the proper functioning of undistorted
competition in the market for public procurement. It also traces
the increasing relevance of competition considerations in the case
law of the Court of Justice of the European Union and sets out
criteria and recommendations to continue influencing the
development of EU Economic Law.
Smart procurement aims to leverage public buying power in pursuit
of social, environmental and innovation goals. Socially-orientated
smart procurement has been a controversial issue under EU law. The
extent to which the Court of Justice (ECJ) has supported or rather
constrained its development has been intensely debated by academics
and practitioners alike. After the slow development of a seemingly
permissive approach, the ECJ case law reached an apparent turning
point a decade ago in the often criticised judgments in Ruffert and
Laval, which left a number of open questions. The more recent
judgments in Bundesdruckerei and RegioPost have furthered the ECJ
case law on socially orientated smart procurement and aimed to
clarify the limits within which Member States can use it to enforce
labour standards. This case law opens up additional possibilities,
but it also creates legal uncertainty concerning the interaction of
the EU rules on the posting of workers, public procurement and
fundamental internal market freedoms. These developments have been
magnified by the reform of the EU public procurement rules in 2014.
This book assesses the limits that the revised EU rules and the
more recent ECJ case law impose on socially-orientated smart
procurement and, more generally, critically reflects on potential
future developments in this area of intersection of several strands
of EU economic law.
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