EU public procurement law by Christopher H. Bovis
By Christopher H. Bovis
During this absolutely revised and up-to-date variation, Christopher Bovis offers a close, severe, concise and available assessment of the general public procurement felony framework and its interplay with rules in the ecu Union and the Member States.
Public procurement represents an important a part of the one industry venture, introduced by way of ecu associations in 2011. Its rules will insert pageant and transparency available in the market and be a protect to the attainment of basic ideas of the Treaties. This ebook demonstrates the influence of the proper Directives on Member States in the course of the improvement of the case legislations of the eu court docket of Justice and assesses the judicial evaluation of public contracts at nationwide point. It positions public procurement on the centre of the felony and coverage debate surrounding the supply of public providers and the development of competitiveness and commercial coverage within the european. The publication highlights the pivotal function of public procurement for the Europe 2020 progress technique.
Demonstrating the strategies and rules of public procurement, this entire ebook can have a powerful attract educational researchers, attorneys, judges, practitioners, and policymakers on the eu, foreign and nationwide degrees in addition to scholars of legislation, coverage and administration
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9 A. Moriceau, ‘Services d’intérêt économique general et valeurs communes’, Revue du Marché Commun et de l’Union Europénne, Number 519, 2008, p. 358. 10 M. C. ’, European Law Review, 2000, pp. 22–38. 11 C. Bovis, ‘Competition and Telecommunications’, Chapter 18, Encyclopedia of Competition Law, Sweet and Maxwell, 2007; also C. Bovis, ‘The Application of Competition Rules to the European Union Transport Sectors’, Columbia Journal of European Law, Volume 11, Issue 5, 2005, pp. 1–49. 15 The term services of general economic interest is not defined further in the Treaty or in secondary legislation.
11 The term public or having the character of a revenue-producing monopoly shall be subject to the rules contained in this Treaty, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community. 3. L. Buendia Sierra, Exclusive Rights and State Monopolies under EC Law, Oxford University Press, 1999, p.
The price-competitive tendering reflects on the dimension of public procurement regulation as an economic exercise. On the one hand, when the supply side responds to the perpetually competitive purchasing patterns by lowering prices, the public sector could face a dilemma: what would be the lowest offer it can accept. 47 It is 46 See Lawton (ed), Industrial Policy and Competitiveness in Europe, Macmillan, 1998. 47 The European rules provide for an automatic disqualification of an ‘obviously abnormally low offer’.