• Joint Public Procurement and Innovation. Lessons Across Borders

    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.

  • Cost and EU Public Procurement Law. Life-Cycle Costing for Sustainability

    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. These chapters address the challenges in balancing economic and sustainability objectives under…

  • Public Procurement and Aid Effectiveness. A Roadmap under Construction

    This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field.

  • 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.    

  • Shaping EU Public Procurement Law: A Critical Analysis of the CJEU Case Law 2015–2017

    What’s in this book: The first part of the book offers a unique reflection on enduring themes in public procurement law such as the following and concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law: shaping of the scope of this regulatory regime; development of tighter criteria for the exclusion of candidates and tenderers; conduct of qualitative selection; consolidation of the court’s previous approach to technical specifications; new developments in tender evaluation; inclusion of contract performance clauses with a social orientation; and development of interpretive guidance concerning several aspects of the procurement…

  • Transatlantic Defence Procurement. EU and US Defence Procurement in the Transatlantic Defence Market

    Transatlantic Defence Procurement. EU and US Defence Procurement in the Transatlantic Defence Market (Cambridge: Cambridge University Press, 2017). 268 pages. ISBN: 9781107115514. GBP 95. By Luke R.A. Butler This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers a first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and EU. Part I examines the external dimension of a new EU Defence Procurement Directive,…

  • Smart Public Procurement and Labour Standards

    Smart Public Procurement and Labour Standards. Pushing the Discussion after RegioPost (Bloomsbury, 2018). Edited by Albert Sánchez Graells, with contributions by Piotr Bogdanowicz and Roberto Caranta Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions.…

  • Characteristics of Separate Operational Units – A Study on Aggregation Rules under Public Procurement Law

    The principle of effectiveness is one of the fundamental principles in EU law. Even though the principle ensures the effectiveness of all EU legislation, it also has a key role in the interpretation of EU procurement rules. The Cour of Justice of the European Union has often address the principle of effectiveness in its case law and has consistently held that, in the absence of EU rules governing the matter, it is for every member state to lay down the detailed rules of administrative and judicial procedures for safeguarding rights, which individuals derive from EU law.

  • The Application of the Principle of Proportionality to Modifications of Public Contracts

    The rules regarding modifications of public contracts were added to EU public procurement law in 2014 in order to clarify the conditions set forth by the relevant case law of the Court of Justice of the European Union. However, the provisions that were ultimately adopted are not quite black and white as one might think. One of the grey areas might be the application of the principle of proportionality to modifications of public contracts. New directives mention proportionality as a principle of “procurement”. This article presents a view that contracting authorities shall act in a proportionate manner also after the “procurement” decision has been made, i.e. when a contract…