damages in eu public procurement law studies in european economic law and regulation

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Damages In Eu Public Procurement Law

Author : Hanna Schebesta
ISBN : 9783319236124
Genre : Law
File Size : 21. 36 MB
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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.

Public Procurement Law

Author : Duncan Fairgrieve
ISBN : 9781847318473
Genre : Law
File Size : 37. 65 MB
Format : PDF, ePub
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Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Eu Public Procurement Law

Author : Christopher Bovis
ISBN : 9781847205254
Genre : Political Science
File Size : 79. 10 MB
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This book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance. Ruth Nielsen, Copenhagen Business School, Denmark EU Public Procurement Law addresses one of the most important areas of European integration. With a magnitude approaching 1 trillion euros in supplies, works and services and representing almost 12 percent of the European Union s GDP, public procurement regulation represents a key objective of the vision of the European Union in becoming the most competitive economy in the world by 2010. In this book, Christopher Bovis offers a clear and lucid assessment of the new public procurement legal framework and its interplay with policy within the European Union and the member states. The new regime is based on three principles: simplification, modernization and flexibility, and the book considers the new directives which are intended to simplify and modernize a regulatory regime that aims to gradually establish a public market in the European Union. The book exposes the instrumental role of the European Court of Justice in shaping many of the newly introduced concepts in public procurement regulation. Finally, the author provides for the most comprehensive taxonomy and codification of case law on public procurement. This comprehensive overview of enforcement and compliance of public procurement at European and national levels will be of great interest to academic researchers and lawyers within the EU, USA, Canada and other continents. It will also appeal to postgraduate students in law, policy, and management, judges at the European Court of Justice and national courts, and policy makers at European, international and national levels.

Using Transparency Against Corruption In Public Procurement

Author : Irena Georgieva
ISBN : 9783319513041
Genre : Law
File Size : 29. 66 MB
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This book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.

Public And Private Enforcement Of Competition Law In Europe

Author : Kai Hüschelrath
ISBN : 9783662439753
Genre : Business & Economics
File Size : 76. 22 MB
Format : PDF
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Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

The Consistent Application Of Eu Competition Law

Author : Adriana Almășan
ISBN : 9783319473826
Genre : Law
File Size : 24. 89 MB
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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Competitive Dialogue In Eu Procurement

Author : Sue Arrowsmith
ISBN : 9781139561006
Genre : Law
File Size : 81. 87 MB
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Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.

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