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.
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…
Brussels Commentary on EU Public Procurement Law (contributions by Caranta and Sanchez-Graells)
The Brussels Commentary on EU Public Procurement Law, edited by Michael Steinicke and Peter L. Vesterdorf (Nomos/Hart, Oxford, 2018) features contributions by EPLG Members Roberto Caranta and Albert Sanchez-Graells. The book is available here.
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.
Is the regulation of Abnormally Low Tenders a viable tool to detect cross-subsidisation of public providers? – Benedetta Biancardi
1. Introduction – 2. Public undertakings as economic operators in procurement markets – 3. The issue at stake: cross-subsidisation of reserved activities – 4. How to prevent cross-subsidisation: separation of accounts, cost allocation and benchmarking 5. How to detect cross-subsidisation in procurement context: Article 69(4) of Directive 2014/24/EU – 6. Critical assessment of the provision – 6.1. The monopoly of the Commission on the substantive assessment of compatibility of the aid – 6.2. Misused aids cannot be excluded – 6.3. The ratio of the norm fails in case of public undertakings – 7. The enforcement of the mechanism at national level: Italy as a case study.
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,…
