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Contract Changes comparatively analyses the contract modification
regulation of 11 EU Member States, drawing on case law and common
legal practice. As the first comparative study of material contract
modifications, this book explores the interpretation of key
concepts such as: unforeseen circumstances, non-equivocal clauses
and the overall nature of the contract. Highlighting the discord
between the transparency of the award of a public contract and the
transparency of its implementation, the book interprets the
execution phase of procurement contracts as the dark side of public
procurement. Considering unforeseen circumstances, the change of
the identity of the contractor, non-compliance and remedies, this
book provides a unique insight into the challenges of
interpretation and application of contract modification rules. It
concludes that, whilst the flexibility to make contract amendments
is required in some circumstances, the grounding principles of
public procurement law must be considered and applied in these
instances. This original book will be of interest to researchers
who are working in public procurement, European and comparative
law. It will also be valuable to lawyers, contractors and
policymakers involved with public procurement contracts,
contracting authorities and advising private companies.
This book examines the role, the general framework and the
empirical effectiveness of the main alternative dispute resolution
tools (administrative appeals, mediation, and ombudsman) in
administrative matters, within the broader context of the
administrative justice system. The book uses approaches from the
fields of law, public administration, public policy and political
science to assess the importance of different instruments for
alternative dispute resolution, with an emphasis on administrative
appeals.
This book examines the role, the general framework and the
empirical effectiveness of the main alternative dispute resolution
tools (administrative appeals, mediation, and ombudsman) in
administrative matters, within the broader context of the
administrative justice system. The book uses approaches from the
fields of law, public administration, public policy and political
science to assess the importance of different instruments for
alternative dispute resolution, with an emphasis on administrative
appeals.
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