Contract Changes: The Dark Side of Eu Procurement Law
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.
Centralising Public Procurement. The Approach of EU Member States
This timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK.
Public-Private Partnerships and Concessions in the EU
In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.
Transparency in EU Procurements. Disclosure Within Public Procurement and During Contract Execution
This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.
Modernising Public Procurement. The Approach of EU Member States
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focusing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
Qualification, Selection and Exclusion in EU Procurement
Qualification featured prominently in numerous public procurement disputes in the EU as it is of crucial importance to the outcome of EU tender procedures. This volume supplements the previous volume in the Series on the award phase. The book also considers the implications of the new Public Sector Directive 2014/24/EU with regard to the qualification phase, and provides an analysis of the implementation of the new Directive in a range of Member States. The publication is unique as it is based on a comparative approach covering diversified national approaches to EU public procurement law. Access the full e-book here: Qualification, Selection and Exclusion in EU Procurement.
Modernising Public Procurement: The New Directive
The recently approved Public Procurement Directive 2014/24/EU has brought a major overhaul to EU law and made significant changes to the obligations of contracting authorities in the Member States. Concurrently, the new directive has introduced some measures of flexibility and important new requirements. This book focuses on the essence of these changes, starting with the definition of a public procurement contract to end with changes to concluded contracts. In between many very important aspects of the reform are analysed, including the new rules on in house and public-public partnerships, on qualification, on the new and more flexible award procedures, including those aimed at fostering innovation. Specific attention is also…
Award of Contracts in EU Procurements
The award phase is of crucial importance for the outcome of the competition for the contract and it is therefore not surprising that it has been considered in thousands of public procurement disputes in the Member States of the EU.
Outside the EU Procurement Directives – Inside the Treaty?
European Procurement Law Series vol. 4 This book provides the reader with information on how a number of relevant jurisdictions in the EU have responded to the call by the Court of Justice, highlighting both best practices and areas of uncertainties. The book helps understanding both the requirements imposed by the EU case law and the developing trends at national level which are to influence the next generation of procurement directives. Dacian C. Dragos (red.) & Roberto Caranta (red.)
Enforcement of the EU Public Procurement Rules
The European procurement Law Series Vol. 3. The analysis provided in this book focus on the interpretation, implementation and practice in a range of Member States of the EU as enforcement mainly takes place at national level and on the recent changes introduced with Remedies Directive 2007/66. It also considers the correlation between the available remedies, whether the different national systems all are leading to effectiveness, enforcement of the public procurement rules outside of the Public Procurement Directives and includes a general comparative study of the national enforcement regimes.
