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As public infrastructure, health and other services are being
delivered more frequently through Public-Private Partnerships
(PPPs) and concessions, this timely book explores these complex
contractual arrangements involving cooperation between public and
private sectors. It considers how PPPs have become increasingly
prevalent following the 2008 financial crisis and examines the
applicable legal regimes that are still, to a large extent, unclear
to many. Containing in-depth investigation into EU law and
comparative national experiences in relation to PPPs and
concessions in 7 EU Member States and the UK, the contributions in
this incisive book address the weak points in the current legal
regime. Chapters analyse the risks faced by contracting authorities
in connection to PPPs and concessions while highlighting good
practices from different countries that may be considered for wider
adoption across the EU. Public-Private Partnerships and Concessions
in the EU will be a key resource for scholars and students of
public administrative law and businesses seeking to procure
contracts to create PPPs, as well as being of value to
practitioners and policy makers at both EU and national levels.
Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P.
Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N.
Gabayet, C. Kroenke, P. Patrito, C. Risvig Hamer, P. Telles, P.
Valcarcel Fernandez, R. Vornicu
Contract Modifications in EU Procurement Law provides readers with
a comprehensive overview of the process of contract modification
under European Union (EU) procurement law. The book examines the
origin of the regulations pertaining to modifications, the legal
grounds for modification and limitations under current rules. In
addition, the book outlines the legal effects of carrying out a
modification breach under EU law. Key features include: analysis of
the criteria which must be met under the EU Public Procurement
Directive (2014/24/EU) to ensure a modification is compliant with
EU law fresh examination of the EU Court of Justice's decisions in
cases relating to contract modifications and Directive 2014/24/EU
more widely consideration of contract modifications both from
practical and theoretical perspectives. This authoritative book
will be a valuable resource for professionals in both the public
and private sectors when establishing whether a given modification
can be made in practice. It will also serve as an excellent source
of knowledge about the modification of a contract in the EU for
academics in the areas of commercial and EU law.
This open access book deals with Article 7 TEU measures, court
proceedings, financial sanctions and the EU Rule of Law Framework
to protect EU values with a particular focus on checks and balances
in EU Member States. It analyses substantive standards, powers,
procedures as well as the consequences and implications of the
various instruments. It combines the analysis of the European
level, be it the EU or the Council of Europe, with that of the
national level, in particular in Hungary and Poland. The LM
judgment of the European Court of Justice is made subject to
detailed scrutiny.
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