EU Public Procurement Law (Elgar European Law) by Christopher H. Bovis

By Christopher H. Bovis

"EU Public Procurement legislations" addresses essentially the most vital parts of ecu integration. With a importance forthcoming 1 trillion euros in offers, works and prone and representing nearly 12 percentage of the ecu Union's GDP, public procurement law represents a key target of the imaginative and prescient of the eu Union in turning into the main aggressive economic system on the earth by way of 2010. during this ebook, Christopher Bovis deals a transparent and lucid evaluate of the recent public procurement criminal framework and its interaction with coverage in the ecu Union and the member states. the recent regime is predicated on 3 ideas: simplification, modernization and adaptability, and the e-book considers the hot directives that are meant to simplify and modernize a regulatory regime that goals to steadily determine a public industry within the eu Union. The ebook exposes the instrumental function of the eu courtroom of Justice in shaping some of the newly brought ideas in public procurement rules. eventually, the writer presents for the main entire taxonomy and codification of case legislation on public procurement. This complete evaluate of enforcement and compliance of public procurement at ecu and nationwide degrees can be of serious curiosity to educational researchers and legal professionals in the ecu, united states, Canada and different continents. it's going to additionally entice postgraduate scholars in legislations, coverage, and administration, judges on the ecu courtroom of Justice and nationwide courts, and coverage makers at eu, foreign and nationwide degrees.

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The primary aim of Directive 77/62 was to enhance the efficiency and transparency of public markets by ensuring that conditions of competition were not distorted and that contracts were allocated to suppliers and contractors under the most favourable conditions for the public sector. Directive 77/62 introduced three fundamental principles: (a) Community-wide advertising of 7 This was the first attempt to link public procurement to the Commercial Policy of the European Communities and resulted in cultivating the ground for the introduction of common commercial policy considerations in public procurement.

These focus on structural elements of the market place, competitiveness, demand conditions, supply conditions, the production process, and finally pricing and risk. 26 Private markets are generally structured as a result of competitive pressures originating in the interaction between buyers and supplier and their configuration can vary from monopoly or oligopoly conditions to models representing perfect competition. Demand arises from heterogeneous buyers with a variety of specific needs, is based on expectations and is multiple for each product.

The negative character of the primary Community provisions which apply to public procurement, to the extent that they provide a legal framework which prohibits any obstructions, distortions and hindrances to intra-community trade and the relevant fundamental principles, could be seen as the main reason for the need by European institutions to intervene and introduce a set of rules which, although based upon the primary Community rules above, have a positive character in the sense that they allow a margin of discretion in their implementation.

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