Suchergebnisse

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

In this contribution the interface between EC Public Procurement Law and Internal Market Law case law is analysed. The core question is to what extent primary Community law may be a source of obligations to tender as well as of justifications for not tendering. Some elements of the 'Transparency case law' (Telaustria, Coname, Parking Brixen) developed in public procurement cases will be compared with other case law on the fundamental freedoms. This case law also raises new questions, for example the relationship with Article 86 and, in particular, the question whether the award of an exclusive right shall be subject to a transparent procedure. Attention is further given to possible justifications of a presumed infringement of transparency obligations, both under Article 86(2) EC and by virtue of "rule of reason exceptions". The "interaction" among possible derogations of transparency obligations, both under primary law and specific secondary law, completes the analysis. By way of general conclusion the authors find that the Transparency case law is in some respects open to criticism. However, this case law fits well into the wider body of case law relative to the fundamental freedoms of the Treaty. EC public procurement law genuinely is an integral part of the internal market law.

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. Led by Christopher Bovis, a team of internationally acclaimed expert contributors provide comprehensive analysis of the law, jurisprudence and regulation of public procurement in the EU. Coverage is organised into five thematic parts exploring public procurement regulation; strategic procurement; justiciability in public procurement; public procurement and competition; and public procurement and public service. Offering invaluable, contemporary insights, the Research Handbook on EU Public Procurement Law is both detailed and accessible, making it an indispensable resource for researchers, academics, policy makers, regulators and judges at national and international levels. Its wealth of detail and practical assessment will also appeal to current and future generations of procurement practitioners across the European Union

Since 2014, the European Union has established three funds (for Africa, Syria, and refugees in Turkey) to implement its external migration policy. In this Article, we analyse whether these funds and their implementation are compatible with EU public procurement law. This leads to a mixed picture. The wholesale exemption of expenditure under the EU Trust Fund for Africa from public procurement is incompatible with EU law; the exemption is not motivated, and it is implausible that there is a crisis in all 26 African countries where the Trust Fund operates thorough the duration of the Trust Fund. However, some more limited exceptions may apply, allowing for exempting particular projects from public procurement. Whether or not public procurement has taken place is often not transparent. It is remarkable that the notion of emergency is used in a cursory manner. It is equally remarkable that European public procurement law is not well integrated in external migration policy.