Works of EPLG members
The 1st edition of the book “Les principes des contrats publics en Europe / Principles of public contracts in Europe” has been published in March 2022 by Larcier Publisher. EPLG member Patricia Valcárcel Fernández co-edited the volume, with contributions by EPLG members Carina Risvig Hamer, Gabriella M. Racca and Roberto Caranta. This in-depth and bilingual (English / Français) international study, based on a five years research, contains a clear overview and an exhaustive inquiry of diversity of use of principles in the award and performance of public contracts. Based on a common methodology, this volume combines sources of international law, EU law (directives on public procurement and ECJ’S case law) as well as several national laws (Belgium, Croatia, Czech Republic, Denmark, Greece, France, Italy, Luxembourg, Netherlands, Poland, Portugal, Romania Slovenia, Spain, UK). By grasping these sources underlying the implementation of principles, this volume is a groundbreaking contribution for understanding legal pluralism in the field of public contracts.
The 12th edition of the handbook “Droit des Contrats Administratifs” (Administrative Contract Law) has been published in October 2021, by the EPLG member François Lichère, Professor of Public Law at the University Jean Moulin Lyon 3, Director of the Chair of Public Contracts Law and consultant to French and foreign law firms, administrations and companies and Laurent Richer, Professor Emeritus of Public Law at the University of Paris 1 Panthéon-Sorbonne and lawyer specialist in public law (Richer et associés Law Firm). This handbook, which has already been used by several generations of students and practitioners, studies, on the one hand, the general regime of administrative contracts and, on the other, the main special administrative contracts and, in particular, the contracts governed by the 2018 Public Procurement Code. This 12th edition has been the occasion of a major revision of the book, which made it possibile both to put the changes into perspective and to better summarise the state of the law, in particular by highlighting the rules common to public contracts and concessions.
EPLG member Piotr Bogdanowicz, Associate Professor at Warsaw University and Counsel at Clifford Chance, Poland, published the book Contract Modifications in EU Procurement Law in the Elgar European Law and Practice series. 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 of the book include: – an 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 – a fresh examination of the EU Court of Justice’s decisions in cases relating to contract modifications and Directive 2014/24/EU more widely – a 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.
Co-edited by Roberto Caranta and Albert Sanchez-Graells, 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.
This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States.