The EU Public Procurement Policy Field
01 Jan 2016-pp 13-30
TL;DR: In this paper, the authors briefly sketch the history of public procurement and how procurement procedures became increasingly regulated over time, and argue that because the Commission has so far not shown its intention to take legislative action in this matter, the CJEU is coming under increasing pressure to clarify EU law requirements on damages in public procurement.
Abstract: This chapter briefly sketches the history of public procurement and how procurement procedures became increasingly regulated over time. Within the EU integration process, the policy area has always been an important cornerstone. As part of the creation of the internal market, several substantive procurement directives were adopted which were matched by a remedies regime. Although damages are explicitly addressed in the Remedies Directives, the provision remains but a vague obligation. The chapter argues that because the Commission has so far not shown its intention to take legislative action in this matter, the CJEU is coming under increasing pressure to clarify EU law requirements on damages in public procurement.
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Posted Content•
TL;DR: In this paper, the authors survey the changes that the new classical directive 2014/24/EU introduces with respect to green public procurement, taking into account the Dutch Eco-Labels case law and the body of green procurement framing measures that complement the modernisation package.
Abstract: On 20 December 2011, the European Commission tabled the so-called public procurement modernisation package, adopted by the Council on 11 February 2014 . The modernisation package consists of a revision of the classical and sector directives, as well as a new concessions directive, which all have to be transposed by the Member States until 18 April 2016. This contribution surveys the changes that the new classical directive 2014/24/EU introduces with respect to green public procurement. It discusses in particular the issue of eco-labelling, taking into account the Dutch Eco-Labels case law, and the body of green procurement framing measures that complement the modernisation package.
1 citations
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Dissertation•
07 Jul 2003
TL;DR: In this paper, the extent to which a system of bidder remedies is an effective mechanism for enforcing procurement rules, through text-based research of the public sector procurement remedies and an empirical study in the construction sector, based on interviews with bidders, awarding authorities and procurement lawyers, in two Member States, Greece and the United Kingdom.
Abstract: The enforcement of EC procurement law relies heavily on legal action brought by aggrieved bidders for public contracts before the national courts. National remedies for bidders have been harmonised by two EC directives. The study considers the extent to which a system of bidder remedies is an effective mechanism for enforcing the procurement rules, through text-based research of the public sector procurement remedies and an empirical study in the construction sector, based on interviews with bidders, awarding authorities and procurement lawyers, in two Member States, Greece and the United Kingdom.
The findings of the research indicate that remedies are not in principle incapable of assisting enforcement but that the use that is made of them and their capacity to enforce the law depend on their features, in terms, particularly, of legal costs as well as of the likelihood of a case being won at trial.
Before this project was undertaken, there was no empirical research work on procurement remedies. It is hoped that this study will interest everyone involved in contracts awards (namely, firms, public bodies and lawyers) as well as scholars of EC law studying the national enforcement of EC rules, either in the area of procurement or in other areas regulated by EC law. It is also hoped that the findings of the studywill be of some use to policy and law makers, at European and national level.
7 citations
01 Jan 2014
TL;DR: In this article, the authors survey the changes that the new classical directive 2014/24/EU introduces with respect to green public procurement, taking into account the Dutch Eco-Labels case law and the body of green procurement framing measures that complement the modernisation package.
Abstract: On 20 December 2011, the European Commission tabled the so-called public procurement modernisation package, adopted by the Council on 11 February 2014 . The modernisation package consists of a revision of the classical and sector directives, as well as a new concessions directive, which all have to be transposed by the Member States until 18 April 2016. This contribution surveys the changes that the new classical directive 2014/24/EU introduces with respect to green public procurement. It discusses in particular the issue of eco-labelling, taking into account the Dutch Eco-Labels case law, and the body of green procurement framing measures that complement the modernisation package.
5 citations