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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.
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Nadine Gordimer
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R205
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