Rules Versus Discretion In Public Procurement

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Regulation, Deregulation, Reregulation

Author : Claude Ménard
Publisher : Edward Elgar Publishing
ISBN 13 : 1848449283
Total Pages : 405 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Regulation, Deregulation, Reregulation by : Claude Ménard

Download or read book Regulation, Deregulation, Reregulation written by Claude Ménard and published by Edward Elgar Publishing. This book was released on 2009 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 25 years of industry restructuring, regulatory reform and deregulation across many industrial sectors in many countries, it is an appropriate time to take stock of the impacts of these reforms on consumers, producers and overall economic performance. This book contains the latest thinking on these issues by a distinguished international group of scholars. It s a collection of essays for our time that is well worth reading. Paul L. Joskow, Massachusetts Institute of Technology, US The most exciting development in the study of regulation in the past quarter century is research on the incentives that are created by the details of the procedures for creating and enforcing regulatory rules. This book brings together a rich collection of studies that collectively advance our understanding of the effect of regulatory governance on the performance of regulated firms, with important lessons about how to design more effective regulatory instruments and processes. Roger G. Noll, Stanford University, US Cycles of poorly-designed or weakly-enforced regulation, disappointing performance and political over-reaction are now familiar to students of regulated industries. Nourished by recent developments in the economics of incentives, including their transaction costs and property rights dimensions, and written by renowned experts in the field, Regulation, Deregulation, Reregulation is a must-read for all those interested in the economics and politics of regulation. A timely book, the publication of which coincides with the designing of a post-subprime regulatory framework for the financial industry. Jean Tirole, Toulouse School of Economics, France Building on Oliver Williamson s original analysis, the contributors introduce new ideas, different perspectives and provide tools for better understanding changes in the approach to regulation, the reform of public utilities, and the complex problems of governance. They draw largely upon a transaction cost approach, highlighting the challenges faced by major economic sectors and identifying critical flaws in prevailing views on regulation. Deeply rooted in sector analysis, the book conveys a central message of new institutional economics: that theory should be continuously confronted by facts, and reformed or revolutionized accordingly. With its emphasis on the institutional embeddedness of regulatory issues and the problems generated by the benign neglect of institutional factors in the reform of major public utilities, this book will provide a wide-ranging audience with challenging views on the dynamics of regulatory approaches. Economists, political scientists, postgraduate students, researchers and policymakers with an interest in institutional economics and economic organization will find the book to be a stimulating and enlightening read.

A Theory of Incentives in Procurement and Regulation

Author : Jean-Jacques Laffont
Publisher : MIT Press
ISBN 13 : 9780262121743
Total Pages : 746 pages
Book Rating : 4.1/5 (217 download)

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Book Synopsis A Theory of Incentives in Procurement and Regulation by : Jean-Jacques Laffont

Download or read book A Theory of Incentives in Procurement and Regulation written by Jean-Jacques Laffont and published by MIT Press. This book was released on 1993 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on their work in the application of principal-agent theory to questions of regulation, Laffont and Tirole develop a synthetic approach to this field, focusing on the regulation of natural monopolies such as military contractors, utility companies and transportation authorities.

Reformation or Deformation of the EU Public Procurement Rules

Author : Grith Skovgaard Ølykke
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361813
Total Pages : 439 pages
Book Rating : 4.7/5 (853 download)

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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.

Reforming Public Procurement Law

Author : Annamaria La Chimia
Publisher : Bloomsbury Publishing
ISBN 13 : 1509968008
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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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.

A Handbook on Discretion in Public Procurement

Author : Despoina Kotsi
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527552020
Total Pages : 386 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis A Handbook on Discretion in Public Procurement by : Despoina Kotsi

Download or read book A Handbook on Discretion in Public Procurement written by Despoina Kotsi and published by Cambridge Scholars Publishing. This book was released on 2020-05-19 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.

OECD Principles for Integrity in Public Procurement

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264056521
Total Pages : 142 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis OECD Principles for Integrity in Public Procurement by : OECD

Download or read book OECD Principles for Integrity in Public Procurement written by OECD and published by OECD Publishing. This book was released on 2009-03-24 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.

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).

Regulation Public Procurement - National and International Perspectives

Author : Sue Arrowsmith
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041106367
Total Pages : 890 pages
Book Rating : 4.0/5 (411 download)

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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.

Public Procurement Regulation in Africa

Author : Sue Arrowsmith
Publisher : Cambridge University Press
ISBN 13 : 1107028329
Total Pages : 449 pages
Book Rating : 4.1/5 (7 download)

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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.

The Regulation of Entry

Author : Simeon Djankov
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The Regulation of Entry by : Simeon Djankov

Download or read book The Regulation of Entry written by Simeon Djankov and published by . This book was released on 2001 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: New data show that countries that regulate the entry of new firms more heavily have greater corruption and larger unofficial economies, but not better quality goods. The evidence supports the view that regulating entry benefits politicians and bureacrats.

Public Procurement and the EU Competition Rules

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253599
Total Pages : 480 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Public Procurement and the EU Competition Rules by : Albert Sánchez Graells

Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2011-01-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.

Discretion in EU Public Procurement Law

Author : Sanja Bogojevic
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919503
Total Pages : 321 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 321 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.

Public Procurement and Human Rights

Author : Olga Martin-Ortega
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116313
Total Pages : 267 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 267 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.

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.

Firms, Contracts, and Financial Structure

Author : Oliver Hart
Publisher : Clarendon Press
ISBN 13 : 0191521728
Total Pages : 244 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Firms, Contracts, and Financial Structure by : Oliver Hart

Download or read book Firms, Contracts, and Financial Structure written by Oliver Hart and published by Clarendon Press. This book was released on 1995-10-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a framework for thinking about economic instiutions such as firms. The basic idea is that institutions arise in situations where people write incomplete contracts and where the allocation of power or control is therefore important. Power and control are not standard concepts in economic theory. The book begins by pointing out that traditional approaches cannot explain on the one hand why all transactions do not take place in one huge firm and on the other hand why firms matter at all. An incomplete contracting or property rights approach is then developed. It is argued that this approach can throw light on the boundaries of firms and on the meaning of asset ownership. In the remainder of the book, incomplete contacting ideas are applied to understand firms' financial decisions, in particular, the nature of debt and equity (why equity has votes and creditors have foreclosure rights); the capital structure decisions of public companies; optimal bankruptcy procedure; and the allocation of voting rights across a company's shares. The book is written in a fairly non-technical style and includes many examples. It is aimed at advanced undergraduate and graduate students, academic and business economists, and lawyers as well as those with an interest in corporate finance, privatization and regulation, and transitional issues in Eastern Europe, the former Soviet Union, and China. Little background knowledge is required, since the concepts are developed as the book progresses and the existing literature is fully reviewed.

Public Procurement and Aid Effectiveness

Author : Annamaria La Chimia
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922458
Total Pages : 402 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Public Procurement and Aid Effectiveness by : Annamaria La Chimia

Download or read book Public Procurement and Aid Effectiveness written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.

Fighting Corruption in Public Procurement

Author : Sope Williams-Elegbe
Publisher : Bloomsbury Publishing
ISBN 13 : 178225014X
Total Pages : 356 pages
Book Rating : 4.7/5 (822 download)

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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.