Qualification Selection And Exclusion In Eu Procurement

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Qualification, Selection and Exclusion in EU Procurement

Author : Martin Burgi
Publisher : Djoef Publishing
ISBN 13 : 9788757437133
Total Pages : 0 pages
Book Rating : 4.4/5 (371 download)

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Book Synopsis Qualification, Selection and Exclusion in EU Procurement by : Martin Burgi

Download or read book Qualification, Selection and Exclusion in EU Procurement written by Martin Burgi and published by Djoef Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seventh volume of the European Procurement Law Series contains an in-depth analysis of the qualification phase-exclusion, qualification, selection, and shortlisting. The topic is of crucial importance in EU tender procedures and has been considered in numerous disputes in the EU. This volume supplements the fifth volume about the award phase. It considers the implications of the new public procurement directive, with focus on the qualification phase, and includes an analysis of the implementation of the new directive in a range of Member States. The publication follows an original comparative approach covering diversified national approaches to EU public procurement law. It provides the reader with an insight that cannot be found elsewhere, and includes specific chapters on the state of law and developments in France, Germany, United Kingdom, Spain, Italy, Portugal, and Romania. Also included are a number of comparative chapters on specific issues of particular interest in theory and practice. This book is a valuable tool for development of public procurement regulation and practice in the EU. It will be of interest to practitioners, national law makers, complaints boards, national courts, the European Commission and the Court of Justice and academics. (Series: ?European Procurement Law, Vol. 7) [Subject: EU Law, Public Procurement Law, European Procurement Law]Ã?Â?Ã?Â?

Qualification, Selection and Exclusion in EU Procurement

Author : Martin Burgi
Publisher :
ISBN 13 : 9788771980202
Total Pages : 339 pages
Book Rating : 4.9/5 (82 download)

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Book Synopsis Qualification, Selection and Exclusion in EU Procurement by : Martin Burgi

Download or read book Qualification, Selection and Exclusion in EU Procurement written by Martin Burgi and published by . This book was released on 2016 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seventh volume of the European Procurement Law Series contains an in depth analysis of the qualification phase - exclusion, qualification, selection, and shortlisting. The topic is of crucial importance in EU tender procedures and has been considered in numerous disputes in the European Union. This volume supplements the fifth volume about the award phase. The book also considers the implications of the new public procurement directive with focus on the qualification phase and includes an analysis of the implementation of the new directive in a range of Member States. The publication follows an original comparative approach covering diversified national approaches to EU public procurement law. It provides the reader with an insight that cannot be found elsewhere and includes specific chapters on the state of law and developments in France, Germany, United Kingdom, Spain, Italy, Portugal, and Romania. In addition, it contains a number of comparative chapters on specific issues of particular interest in theory and practice. The book will be a valuable tool for development of public procurement regulation and practice in the EU and is of interest to practitioners, national law makers, complaints boards, national courts, the European Commission and the Court of Justice and academics.

Qualitative Selection and Exclusion of Economic Operators in Portugal

Author : Pedro Telles
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Qualitative Selection and Exclusion of Economic Operators in Portugal by : Pedro Telles

Download or read book Qualitative Selection and Exclusion of Economic Operators in Portugal written by Pedro Telles and published by . This book was released on 2016 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides an overview of the qualification, selection, and exclusion of economic operators rules under Portuguese public procurement law (approved by Decree-Law no 18/2008, hereinafter “Public Contracts Code 2008”). As Directive 2014/24/EU is yet to be transposed into national law, the chapter will focus on the law which transposed Directive 2004/18/EC. This chapter shows that the Portuguese law departs significantly from the EU template on rules regarding qualification, selection and exclusion of economic operators in public procurement. The Public Contracts Code is at times more similar to the new Directive 2014/24/EU than the Directive 2004/18/EC it transposed.

European Public Procurement

Author : Caranta, Roberto
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900689
Total Pages : 1040 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis European Public Procurement by : Caranta, Roberto

Download or read book European Public Procurement written by Caranta, Roberto and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Joint Public Procurement and Innovation

Author : Gabriella Margherita Racca
Publisher : Bruylant
ISBN 13 : 2802765299
Total Pages : 534 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Joint Public Procurement and Innovation by : Gabriella Margherita Racca

Download or read book Joint Public Procurement and Innovation written by Gabriella Margherita Racca and published by Bruylant. This book was released on 2020-02-12 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inquiry looks for ways to encourage innovative suppliers. Here, the collected authors draw on emerging lessons from the US and Europe, to explore both the costs and the benefits of spurring innovation through procurement. A third perspective looks to various innovations in the procurement process itself, with a focus on the effects of joint and cross-border procurement in the EU and US landscapes. The chapters review new technologies and platforms, the increasingly automated means of selecting suppliers, and the related efficiencies that “big data” can bring to public procurement. Expanding on research in the editors’ prior volume, Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant 2014), this volume builds on a series of academic conferences and exchanges to address these issues from sophisticated academic, institutional and practical perspectives, and to point the way to future research on the contractual models that are emerging from new procurement technologies.

Shaping EU Public Procurement Law

Author : Albert Sanchez-Graells
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350143X
Total Pages : 514 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Shaping EU Public Procurement Law by : Albert Sanchez-Graells

Download or read book Shaping EU Public Procurement Law written by Albert Sanchez-Graells and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book 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. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.

Combating Collusion in Public Procurement

Author : Katarzyna Kuźma
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904854
Total Pages : 375 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Combating Collusion in Public Procurement by : Katarzyna Kuźma

Download or read book Combating Collusion in Public Procurement written by Katarzyna Kuźma and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.

Modernising Public Procurement

Author : Steen Treumer
Publisher : Edward Elgar Publishing
ISBN 13 : 178811454X
Total Pages : 368 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Modernising Public Procurement by : Steen Treumer

Download or read book Modernising Public Procurement written by Steen Treumer and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes. Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read. Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff

The Law of Green and Social Procurement in Europe

Author : Roberto Caranta
Publisher : Djoef Publishing
ISBN 13 : 9788757423259
Total Pages : 0 pages
Book Rating : 4.4/5 (232 download)

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Book Synopsis The Law of Green and Social Procurement in Europe by : Roberto Caranta

Download or read book The Law of Green and Social Procurement in Europe written by Roberto Caranta and published by Djoef Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of public procurement regulation is to provide a government with the supplies and works it needs to operate. This primary objective is connected to the principle of value for money, and for the European Union, with the aim of ensuring the functioning of the internal market in public procurement. However, other objectives related to environmental and social concerns have always played a role as well. These range from the award of contracts, to workshops for the disabled, to strict environmental specifications. These 'secondary' or 'horizontal' objectives, also referred to as 'green procurement' or 'social procurement, ' are the subject of this book. The analysis covers the EU internal market law of green and social procurement, with emphasis on the interpretation, implementation, and practice, in a range of Member States of the EU, and includes a comparative study

Public Procurement and Human Rights

Author : Olga Martin-Ortega
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116313
Total Pages : 272 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Public Procurement and Human Rights by : Olga Martin-Ortega

Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Green Public Procurement under WTO Law

Author : Rika Koch
Publisher : Springer Nature
ISBN 13 : 3030482146
Total Pages : 239 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Green Public Procurement under WTO Law by : Rika Koch

Download or read book Green Public Procurement under WTO Law written by Rika Koch and published by Springer Nature. This book was released on 2020-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice – not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland).

Modernising Public Procurement

Author : François Lichère
Publisher : Djoef Publishing
ISBN 13 : 9788757433852
Total Pages : 0 pages
Book Rating : 4.4/5 (338 download)

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Book Synopsis Modernising Public Procurement by : François Lichère

Download or read book Modernising Public Procurement written by François Lichère and published by Djoef Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, 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, and ending with changes to concluded contracts. In between, essential aspects of the reform are analyzed, 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 paid to the new emphasis on strategic procurement, to the benefit of SMEs, and to the renewed efforts to exploit e-procurement and aggregated purchasing. The book's contributions provide an in-depth analysis of most of the new provisions in Directive 2014/24/EU and will be valuable to academics and practitioners, especially considering that some of the new provisions may have immediate effects. (Series: European Procurement Law - Vol. 6) [Subject: EU Law, Public Procurement Law, Contract Law]

UNCITRAL Model Law on Public Procurement

Author : United Nations Commission on International Trade Law
Publisher : UN
ISBN 13 : 9789211337235
Total Pages : 0 pages
Book Rating : 4.3/5 (372 download)

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Book Synopsis UNCITRAL Model Law on Public Procurement by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Model Law on Public Procurement written by United Nations Commission on International Trade Law and published by UN. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Law is a template for domestic procurement legislation. Its main objectives are to enhance efficiency and effectiveness, and to avoid abuse in the procurement process (through promoting competition and participation, integrity, fair and equitable treatment and transparency). It is used by the multilateral development banks as a tool for procurement reform and as part of the country systems approach to procurement. The Model Law contains procedures to implement its objectives, whether procurement is conducted electronically or on paper; and reflects the professionalization of the procurement function (which has characterized recent developments in procurement).

EU Public Procurement and Innovation

Author : Pedro Cerqueira Gomes
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371578
Total Pages : 224 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis EU Public Procurement and Innovation by : Pedro Cerqueira Gomes

Download or read book EU Public Procurement and Innovation written by Pedro Cerqueira Gomes and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.

Research Handbook on EU Public Procurement Law

Author : Christopher Bovis
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953260
Total Pages : 665 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on EU Public Procurement Law by : Christopher Bovis

Download or read book Research Handbook on EU Public Procurement Law written by Christopher Bovis and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.

Competitive Dialogue in EU Procurement

Author : Sue Arrowsmith
Publisher : Cambridge University Press
ISBN 13 : 1107023831
Total Pages : 567 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Competitive Dialogue in EU Procurement by : Sue Arrowsmith

Download or read book Competitive Dialogue in EU Procurement written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2012-08-23 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the legal rules on competitive dialogue, both at EU level and in the legal systems of EU Member States.

Discretion in EU Public Procurement Law

Author : Sanja Bogojevic
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919503
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Discretion in EU Public Procurement Law by : Sanja Bogojevic

Download or read book Discretion in EU Public Procurement Law written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.