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Remedies For Enforcing The Public Procurement Rules
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Book Synopsis Remedies for Enforcing the Public Procurement Rules by : Sue Arrowsmith
Download or read book Remedies for Enforcing the Public Procurement Rules written by Sue Arrowsmith and published by . This book was released on 1993 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth volume in a series about public procurement in the EC, this book offers guidance on how to enforce the EC's Works and Supply Directives in the 12 member states.
Book Synopsis Public Procurement Law by : Duncan Fairgrieve
Download or read book Public Procurement Law written by Duncan Fairgrieve and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.
Book Synopsis Enforcement of the EU Public Procurement Rules by : Steen Treumer
Download or read book Enforcement of the EU Public Procurement Rules written by Steen Treumer and published by European Procurement Law Series. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness. This book focuses on the national enforcement of the EU public procurement rules (as enforcement mainly takes place at national level) and the recent changes introduced with Remedies Directive 2007/66 which are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention. Enforcement at the supranational level is also considered, with emphasis on the possible interaction between national and supranational enforcement of the rules.
Book Synopsis The Effectiveness of Bidder Remedies for Enforcing the EC Public Procurement Rules by : Despina Pachnou
Download or read book The Effectiveness of Bidder Remedies for Enforcing the EC Public Procurement Rules written by Despina Pachnou and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Damages in EU Public Procurement Law by : Hanna Schebesta
Download or read book Damages in EU Public Procurement Law written by Hanna Schebesta and published by Springer. This book was released on 2015-12-16 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Book Synopsis European Public Procurement by : Jan M. Hebly
Download or read book European Public Procurement written by Jan M. Hebly and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers in one place the legislative history of Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts
Book Synopsis Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts by : Albert Sanchez-Graells
Download or read book Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts written by Albert Sanchez-Graells and published by . This book was released on 2014 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private" enforcement of State aid rules, the 2006 Study on the Enforcement of State Aid Law at National Level recommended that the European Commission created a common minimum standard of remedies applicable in all EU jurisdictions, stressing that "one possible means of creating such a standard would be to adopt a remedies directive for State aid cases, which could be modelled on the remedies directive for procurement cases".Building up on these considerations, the extent to which the existing remedies within the system for the enforcement of EU public procurement rules provide an effective platform to enforce EU State aid rules (and, more specifically, those for the financing of SGEIs) before public procurement review bodies and courts is assessed. The paper describes the main groups of cases where public procurement litigation "phagocytises" State aid considerations. It then proceeds to explore the viability, from an EU law perspective, of configuring public procurement review bodies and courts as "State aid courts" for the purposes of the simultaneous enforcement of both sets of rules in a single setting of "private" litigation. It also submits that using the public procurement system in this way provides effective remedies for the enforcement of the Almunia Package for the financing of SGEIs.
Book Synopsis European Public Procurement Law by : Constant de Koninck
Download or read book European Public Procurement Law written by Constant de Koninck and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European directives on public procurement do not contain any specific provisions ensuring their effective application. These provisions can be found in the Public Sector Remedies Directive 89/665/EEC and the Utilities Remedies Directive 92/13/EEC, as these directives have recently been amended by Directive 2007/66/EC. These measures provide means of redress for tenderers who have been prejudiced by a breach of the EU rules on public procurement. Following the highly user-friendly approach of its Part I predecessor and which cited and analyzed the Court of Justiceands case law concerning the substantive EU procurement rules laid down in the Public Sector Directive and the Utilities Directives and this book combines and links the full texts of the procurement remedies directives with 31 pertinent judgements issued by the Court of Justice of the European Communities. In one easy-to-use volume this book provides: full texts of the the Public Sector Remedies Directive and the Utilities Remedies Directive, with the articles of these directives linked to the relevant Court of Justice case law; in-depth analysis of 31 judgements rendered by the Court of Justice in the period 1993and2008 in connection with subject matter treated by the articles of the two directives; expert discussion of major innovations introduced by Amending Directive 2007/66/EC, with analysis of its ratio legis and full text; essential excerpts from the chronologically ordered judgments, with each excerpt preceded by an overview of the subject matter and points of law treated in the judgment; pertinent passages of the opinions of the Advocate General; and an exhaustive subject index. By thus combining the theory and andrealityand of European procurement law the book not only saves readers time and effort, but also provides profound and practical insight into the Remedies Directives and the important rights and obligations which they create. The pursuit of remedies for breaches of the EU procurement rules is a topic of high interest to public authorities and their suppliers, contractors and service providers across Europe. This book will be of great value to practitioners and to officials charged with ensuring that decisions taken by the public contracting authorities and entities may be reviewed effectively and rapidly, thus building confidence among businesses and the public that public procurement procedures are fair.
Book Synopsis Public Procurement in Europe by : Alan Rupert Tyrrell
Download or read book Public Procurement in Europe written by Alan Rupert Tyrrell and published by Butterworth-Heinemann. This book was released on 1997-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulation Public Procurement - National and International Perspectives by : Sue Arrowsmith
Download or read book Regulation Public Procurement - National and International Perspectives written by Sue Arrowsmith and published by Kluwer Law International B.V.. This book was released on 2000-04-17 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
Book Synopsis Fighting Corruption in Public Procurement by : Sope Williams-Elegbe
Download or read book Fighting Corruption in Public Procurement written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2012-11-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Book Synopsis Reforming Public Procurement Law by : Annamaria La Chimia
Download or read book Reforming Public Procurement Law written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2024-07-04 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.
Book Synopsis Public Procurement Regulation in Africa by : Sue Arrowsmith
Download or read book Public Procurement Regulation in Africa written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2013-01-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.
Author :United Nations Commission on International Trade Law Publisher :UN ISBN 13 :9789211337235 Total Pages :0 pages Book Rating :4.3/5 (372 download)
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).
Book Synopsis Reformation or Deformation of the EU Public Procurement Rules by : Grith Skovgaard Ølykke
Download or read book Reformation or Deformation of the EU Public Procurement Rules written by Grith Skovgaard Ølykke and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
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 303 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.
Book Synopsis Public Procurement:A Harmonization of the National Judicial Review Of The Application of European Community Law by : Dorthe Dingel
Download or read book Public Procurement:A Harmonization of the National Judicial Review Of The Application of European Community Law written by Dorthe Dingel and published by Springer. This book was released on 1999-05-21 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Procurement analyzes the extent to which European Community law harmonizes the national judicial review of the application of Community law in the field of public procurement. Community law is regarded here as comprising the Government Procurement Agreement (the GPA) as concluded within the framework of the World Trade Organization. The national judicial review is harmonized through principles of Community law--in particular those of direct effect, supremacy, Community-conform interpretation of national law, State liability, Member States' institutional and procedural autonomy, non-discrimination and effectiveness--through Directives 89/665/EEC and 92/13/EEC, and through the GPA.